MODEL ANSWER | AIM W4 D4 1

SELF NOTES
AIM ASSIGNMENT W4 D4

1. How far have the National Commission for SCs and the National
Commission for STs been successful in meeting their objectives? Critically
analyze.

The National Commission for Scheduled Castes (NCSC) is an Indian

constitutional body under Article 338, established with a view to provide
safeguards against the exploitation of Scheduled Castes and Anglo Indian
communities to promote and protect their social, educational, economic and
cultural interests. National Commission for Scheduled Tribes (NCST)
on the other hand was established under Article 338A through Constitution
(89th Amendment) Act, 2003 to oversee the implementation of various
safeguards provided to Scheduled Tribes under the Constitution.

Both NCSC and NCST are functioning to protect the constitutional safeguards
of the target audience vis-à-vis
(i) Development and Protective Safeguards
(ii) Social Safeguards
(iii) Economic Safeguards
(iv) Educational and Cultural Safeguards
(v) Political Safeguards
(vi) Service Safeguards.

SUCCESSES OF NCSCs and the NCSTs

Aspect NCSC NCST

Advocated for amendments Played a key role in

to the SC/ST (Prevention of implementing the Forest
Atrocities) Act, 1989, Rights Act, 2006, securing
leading to a broader land rights for over 4
definition of atrocities. E.g., million tribal households.
Policy
in 2018, the Act was further In 2022, NCST's
Advocacy
strengthened to nullify a intervention led to the
Supreme Court judgment recognition of forest rights
that diluted its provisions. for over 40,000 tribal
families in Madhya
Pradesh.

Ensured the distribution of Championed the

scholarships to SC students, establishment of Eklavya
benefiting over 40 million Model Residential Schools,
students as of 2021. In providing quality education
Educational
2020, NCSC successfully to over 200,000 tribal
Promotion
advocated for increased students. In 2021, 100 new
funding under the Post- EMRSs were approved,
Matric Scholarship Scheme. targeting areas with high
tribal populations.

Actively intervened in cases Intervened in issues like the

like the Hathras rape case Pathalgadi movement in
(2020), ensuring national Jharkhand, helping to
attention and justice. In assert tribal rights. NCST
Intervention
2019, NCSC's intervention intervened in the 2019 case
in Atrocities
in the Kachanatham of land acquisition in the
massacre in Tamil Nadu led Niyamgiri Hills, Odisha,
to speedy trials and protecting tribal land rights
convictions. against mining companies.
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SELF NOTES
Launched campaigns on Undertook campaigns to
legal rights under the raise awareness about tribal
Prevention of Atrocities Act, rights, particularly
increasing the reporting of regarding land ownership
Awareness discrimination. Post-2018, and cultural preservation.
Campaigns the NCSC has conducted In 2020, NCST launched a
over 500 awareness national campaign to
workshops in rural areas educate tribals about their
across India. land rights under the Forest
Rights Act.

AN ANALYSIS OF WORKING OF NCSC & NCST

1. Service Safeguards Wing: The Service Safeguards Wing is the most
active part of the Commission, primarily addressing issues related to
reservations in jobs and education for SCs and STs.
 There is a perception that this wing mainly benefits the SC/ST elites
who have already accessed opportunities through compensatory
discrimination policies, rather than focusing on those still facing
significant barriers.
2. Education: The Commission monitors literacy rates and educational
progress among SCs and STs.It has shown sensitivity to the internal
differentiations, relative levels of deprivation and marginalization within
the SC/STs, along gender and community lines.
 The Commission lacks a cohesive philosophy on education's role in
community advancement. Its approach does not fully harness
education as a tool for broader social and economic upliftment.
3. Atrocities: The Commission plays a critical role in monitoring the
implementation of laws against atrocities, including the establishment of
special courts for speedy trials under the Civil Rights Act and the Atrocities
Act.
 Atrocities account for 89% of crimes against SCs and STs. Despite its
extensive investigatory powers, the Commission's recommendations
are not binding, leading to delays and perceptions of bias towards
government positions.
4. Economic Development: The Commission's least contentious area
involves economic development initiatives. It has investigated land issues,
establishing that the majority of the agricultural workforce is from the
Scheduled Castes.
 The Commission has recommended land ceilings, redistribution of
surplus land, tenancy reforms, and measures to prevent tribal land
alienation. However, these recommendations have seen limited success
due to the political class’s lack of genuine commitment to land reforms.

RELATED CHALLENGES
1. Narrow Mandate Interpretation: The Commission's limited
interpretation of its own constitutional mandate has exposed it to criticism
of elite bias.
2. Non-Binding Decisions: The Commission's most significant limitation
is that its decisions are recommendatory, not binding.
3. Appointment Process Issues: The absence of a formalized
appointment process for the Commission often leads to positions being
filled based on political convenience, resulting in less committed or
qualified members, such as unemployable politicians or temporarily
assigned bureaucrats, which diminishes the Commission's effectiveness in
serving SCs and STs.
4. Tension in Responsibilities: There is an inherent tension between the
Commission's role in monitoring safeguards and its function in addressing
violations of these safeguards. An important constraint is the underlying
tension between the Commission’s constitutional obligation of monitoring
 MODEL ANSWER | AIM W4 D4 3

the working of safeguards on one hand, and its functioning as a body that SELF NOTES
redresses complaints of violations of safeguards, on the other.
5. Delayed Reports: The Commission’s Annual Reports are often delayed
in being tabled in Parliament, and when presented, they are frequently not
discussed.
6. Institutional Proliferation: The growth of multiple institutions,
particularly concerning Scheduled Castes, has created confusion, leading to
unclear roles and powers within the institutional framework.

RECOMMENDATIONS
1. Amendment for Timely Discussion: The Constitution or relevant rules
should be amended to mandate a fixed period for the discussion of the
Commission's Report in Parliament.
2. Improving Report Quality: The Commission should undertake
qualitative studies by engaging social anthropologists and social scientists.
As Xaxa Committee have highlighted, understanding contemporary social
changes and transitions is crucial for informed policy-making.
3. Need for Reliable Data: There is an urgent need for comprehensive data
on issues such as the emergence of a "creamy layer" among SCs, the impact
of reservations, and the effectiveness of reserved constituencies. This aligns
with the views of eminent jurists who have emphasized the importance of
data-driven policy decisions.
4. Responsiveness to Societal Issues: The Commission should be more
responsive to evolving societal issues like untouchability and intra-group
conflicts. Engaging with civil society and contributing to these debates will
make the Commission’s role more dynamic and relevant.
5. Institutionalized Appointment Process: As noted by the Xaxa
Committee, leadership quality is a key determinant of the Commission’s
effectiveness, a more structured and transparent mechanism for appointing
the Chairperson, Vice-Chairperson, and members is necessary.
6. Resolving Internal Conflicts: Conflicts between the Commission and
the nodal ministry, as well as between the Chairperson and other members,
should be resolved amicably. This approach, endorsed by various
parliamentary committees, would enhance the Commission’s overall
effectiveness.
7. Addressing Elite Bias: The Commission’s priorities currently favor the
elite within SC/ST communities. To counter this, the Commission should
be more sensitive to the exclusions caused by lack of education and
information. Utilizing suo moto powers more actively, as recommended by
various experts, would ensure broader inclusivity.

SOME RECENT EVENTS

1. The National Commission for Scheduled Tribes has directed the district
collector of Chandrapur to supply details of compensation paid to local
indigenous people since 1979 for the establishment of a limestone mine on
their land in Maharashtra by UltraTech Cement.
2. The National Commission for Scheduled Tribes has sent a notice to the
Indian Institute of Technology Bombay (IIT-B) for failing to provide mental
health support to the institute's Scheduled Castes and Scheduled Tribes
students.
SOME NOTABLE CASES OF ATROCITIES AGAINST SC/ST
COMMUNITIES

1. Una Flogging Incident (2016): Four Dalit men were flogged by cow
vigilantes in Gujarat, sparking nationwide protests.
2. Hathras Case (2020): A Dalit woman in Uttar Pradesh was gang-
raped and murdered, drawing attention to systemic violence against
Dalits.
3. Bhilwara Violence (2022): A Dalit man in Rajasthan was lynched by
upper-caste individuals over a land dispute.
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4. Jalore Incident (2022): In Jalore, Rajasthan, a 9-year-old Dalit boy

SELF NOTES
was beaten to death by his teacher for drinking water from a pot meant
for upper-caste students, revealing deep-rooted caste discrimination in
schools.
5. Indore Temple Incident (2022): In Indore, Madhya Pradesh, a Dalit
woman was denied entry into a temple and beaten by upper-caste
individuals, illustrating ongoing discrimination in religious practices.

KEY FINDINGS FROM THE NCRB REPORT 2022

1. Increase in Crimes: The number of cases registered against SCs increased
by 13.1% in 2022 compared to 2021. Similarly, crimes against STs rose by
14.3%.
2. Dominant Crimes: The most common crimes against SCs were:
a. Simple hurt (32% of cases)
b. Criminal intimidation (9.2%)
c. Violations of the SC/ST Prevention of Atrocities Act (8.2%)
3. States with Highest Cases: Uttar Pradesh, Rajasthan, Madhya Pradesh,
Bihar, and Odisha reported the highest number of cases against SCs.
4. Conviction Rates: While the number of cases has increased, conviction
rates in crimes against SCs and STs have shown fluctuations

2. Highlighting the constitutional provisions for Scheduled Tribes in India,

discuss the duties and functions of the National Commission for Scheduled
Tribes (NCST).

India's commitment to protecting the rights and promoting the welfare of

Scheduled Tribes (STs) is deeply rooted in its constitutional framework. To
ensure these protections are effectively implemented, the National
Commission for Scheduled Tribes (NCST) was established by Article 338-A of
the Constitution as a constitutional body. It serves as a crucial institution for
monitoring, advising, and addressing issues related to STs, playing a vital role
in their socio-economic development and safeguarding their interests against
exploitation and discrimination.
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SELF NOTES

DUTIES AND FUNCTIONS OF NATIONAL COMMISSION FOR SCHEDULED

TRIBES (NCST)
1. To investigate and monitor all matters relating to the constitutional and
other legal safeguards for the STs and to evaluate their working;
2. To inquire into specific complaints with respect to the deprivation of rights
and safeguards of the STs;
3. To participate and advise on the planning process of socioeconomic
development of the STs and to evaluate the progress of their development
under the Union or a state;
4. To present to the President, annually and at such other times as it may deem
fit, reports upon the working of those safeguards;
5. 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 STs; and
6. To discharge such other functions in relation to the protection, welfare and
development and advancement of the STs as the President may specify.

In 2005, the President specified the following other functions of the Commission
in relation to the protection, welfare and development and advancement of the
STs:
1. Measures to be taken over conferring ownership rights in respect of minor
forest produce to STs living in forest areas.
2. Measures to be taken to safeguard rights of the tribal communities over
mineral resources, water resources etc., as per law.
3. Measures to be taken for the development of tribals and to work for more
viable livelihood strategies.
4. Measures to be taken to improve the efficacy of relief and rehabilitation
measures for tribal groups displaced by development projects.
5. Measures to be taken to prevent alienation of tribal people from land and
to effectively rehabilitate such people in whose case alienation has already
taken place.
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6. Measures to be taken to elicit maximum cooperation and involvement of SELF NOTES

tribal communities for protecting forests and undertaking social
afforestation.
7. Measures to be taken to ensure full implementation of the Provisions of
Panchayats (Extension to the Scheduled Areas) Act, 1996.
8. 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.

The National Commission for Scheduled Tribes (NCST) is pivotal in

safeguarding ST rights and promoting their welfare. By monitoring legal
protections, advising on policy, and addressing grievances, the NCST ensures
the socio-economic development of tribal communities. Strengthening its
authority, resources, and collaboration with states is essential for fully
realizing its mandate and empowering Scheduled Tribes in India.

3. Examine the significance of conferring Constitutional status on the

National Commission for Backward Classes (NCBC).

National Commission for Backward Classes (NCBC) which earlier served as a

statutory body was accorded a constitutional status by the 102nd
Constitutional Amendment Act, 2018 which marked a pivotal moment in the
institutional empowering. It aimed to enhance the Commission's effectiveness
in safeguarding the rights and promoting the welfare of Backward Classes.
By elevating the NCBC's status, the Act sought to ensure that the Commission
could operate with greater autonomy and authority, making its
recommendations binding and reinforcing the government's commitment to
addressing the socio-economic challenges faced by these communities.

NEED FOR CONFERRING CONSTITUTIONAL STATUS ON THE NCBC

The need to confer constitutional status on the National Commission for
Backward Classes (NCBC) arose from its previous limitations as a statutory
body. Without constitutional backing, the NCBC's recommendations, such as
those regarding the inclusion of communities in the OBC list, were not binding
and often disregarded. For example, in 2015, the Supreme Court overturned the
NCBC's recommendation to include the Jat community in the OBC list,
underscoring its limited authority. By elevating the NCBC to a constitutional
body, the government aimed to enhance its authority, ensuring that its
decisions carried legal force and could more effectively address the socio-
economic challenges faced by Backward Classes.

Additionally, constitutional status was necessary to address the persistent

socio-economic disparities faced by Backward Classes more comprehensively.
With stronger legal backing, the NCBC could better monitor the
implementation of policies aimed at uplifting these communities. This change
was also intended to build greater trust and credibility, demonstrating the
government's commitment to the welfare and representation of Backward
Classes in the policymaking process.

SIGNIFICANCE OF CONFERRING CONSTITUTIONAL STATUS ON THE NCBC

1. Increased Authority and Independence: It elevated NCBC from the
status of statutory body to a constitutional body, giving it greater autonomy
and authority to effectively implement policies for the welfare of Backward
Classes.
 It enables the commission to independently investigate, study, and
make recommendations on matters related to the welfare and
upliftment of backward classes.
2. Recognition of Backward Classes' Rights: The Constitutional status
of the NCBC signifies the recognition and acknowledgment of the rights of
backward classes as a distinct and vulnerable section of society.
 MODEL ANSWER | AIM W4 D4 7

3. Enhanced Safeguards and Accountability: It now has the power to SELF NOTES
investigate complaints, monitor safeguards, and ensure that government
policies are effectively implemented. This strengthens the legal and
institutional framework for protecting the rights of Backward Classes.
4. Binding Recommendations: It’s recommendations on the inclusion or
exclusion of communities from the list of Backward Classes are now binding
on the government ensuring that decisions regarding reservations and
other benefits are made transparently and fairly.
5. Quasi-Judicial Powers: The Constitutional status empowers the NCBC
with quasi-judicial powers, enabling it to conduct inquiries, summon
witnesses, and enforce its decisions. This strengthens the commission's
ability to address grievances, resolve disputes, and provide justice to
backward classes effectively. It ensures that the decisions of the
commission are legally binding and have the necessary enforceability.
6. Policy Formulation and Implementation: With Constitutional
status, the NCBC is better positioned to participate in policy formulation
processes related to backward classes. The commission can contribute its
expertise, research, and recommendations in shaping policies and
programs aimed at the development, welfare, and empowerment of
backward classes.
7. Protection against Discrimination: The Constitutional status
reinforces the NCBC's role as a guardian against discrimination faced by
backward classes. It provides a constitutional framework to address issues
of social exclusion, inequality, and discrimination based on caste, ensuring
that the rights and interests of backward classes are protected.
8. Greater Representation: The Commission's constitutional status
underscores the government’s commitment to addressing the socio-
economic challenges faced by Backward Classes, providing them with a
platform for greater representation in decision-making processes.
9. Judicial Review and Accountability: The constitutional status
provides NCBC with the ability to approach courts directly in case of non-
compliance by the government, ensuring greater accountability and judicial
oversight.
10. Accountability and Transparency: The Constitutional status brings
greater accountability and transparency to the functioning of the NCBC.
The commission is obligated to uphold the constitutional principles, adhere
to procedural fairness, and be accountable to the people it serves.

ISSUES WHICH STILL PERSIST

1. Limited Enforcement Powers: While its recommendations are now
binding, the NCBC still lacks the authority to directly enforce decisions,
often relying on the government to act, which can lead to delays.
2. Inadequate Resources: The NCBC continues to face resource
constraints, including staffing and budgetary limitations, which hinder its
ability to effectively monitor and address the needs of Backward Classes.
 In 2021, the NCBC had a budget of ₹15 crores, which is insufficient
compared to the scale of its responsibilities, leading to limited outreach
and monitoring capacity.
3. Overlapping Jurisdictions: The presence of multiple commissions with
similar mandates can lead to confusion and duplication of efforts, reducing
the NCBC's effectiveness.
4. Lack of Data-Driven Decision Making: Despite its elevated status, the
NCBC often lacks access to comprehensive, up-to-date data, which is crucial
for making informed decisions regarding the inclusion and welfare of
Backward Classes.
5. Delays in Addressing Grievances: Even with constitutional status, the
process of addressing grievances remains slow, with many cases taking
years to resolve due to bureaucratic inefficiencies.

Conferring constitutional status on the National Commission for Backward

Classes (NCBC) has significantly enhanced its authority, enabling it to more
 MODEL ANSWER | AIM W4 D4 8

effectively advocate for the rights and welfare of Backward Classes. This SELF NOTES
elevation ensures that its recommendations are binding, providing a stronger
legal framework for addressing socio-economic disparities. However, for the
NCBC to fully achieve its mandate, it is essential to address persisting
challenges such as enforcement limitations, resource constraints, and the need
for more comprehensive data-driven decision-making.

4. Discuss the basic problems linguistic minorities face in any state. How
does the Constitution safeguard the rights of linguistic minorities? Discuss
the role of the Commissioner for Linguistic Minorities in ensuring
continuous watch and vigilance over the working of these safeguards.

Linguistic Minorities are group or collectivises of individuals residing in the

territory of India or any part thereof having a distinct language or script of
their own. The language of the minority group need not be one of the twenty-
two languages mentioned in the Eighth Schedule of the Constitution. In other
words, linguistic minorities at the State level mean any group or groups of
people whose mother tongues are different from the principal language of the
State, and at the district and taluka/tehsil levels, different from the principal
language of the district or taluka/ tehsil concerned.

1. Educational challenges: Linguistic minorities may struggle to access

quality education in their mother tongue. Lack of educational materials,
trained teachers, and proper language instruction can hinder their
educational development, leading to lower literacy rates and limited
educational opportunities.
 In Karnataka, Urdu is spoken by around 9.72% of the population.
However, the 52nd Report of the Commissioner for Linguistic
Minorities (2014-15) highlighted that Urdu-medium schools are
insufficient, contributing to lower literacy rates among Urdu speakers.
2. Limited Access to Public Services: Public services such as healthcare,
legal assistance, and government communication are typically provided in
the dominant language, making it challenging for linguistic minorities to
fully access and benefit from these services.
 In Gujarat, where Gujarati is the official language, Marathi speakers,
who make up about 4.5% of the population, face difficulties in accessing
government services due to language barriers.
3. Cultural Marginalization: Linguistic minorities may experience
cultural erosion as their languages and traditions are overshadowed by the
dominant culture, leading to a loss of identity and heritage.
 Maharashtra has a significant Konkani-speaking population (around
2.4%). The report indicates that Konkani-speaking communities
experience cultural erosion as Konkani is often overshadowed by
Marathi.
4. Political Underrepresentation: Due to language barriers and cultural
differences, linguistic minorities are often underrepresented in political
processes, leading to insufficient advocacy for their rights and needs.
 Tamil speakers in Karnataka, constituting approximately 3% of the
state's population, find themselves underrepresented in local
governance and decision-making processes, limiting their political
influence.
5. Employment Discrimination: Linguistic minorities might face
challenges in employment due to language proficiency requirements,
limiting their job opportunities and economic advancement.
 In Assam, Bengali-speaking minorities, comprising around 28.92% of
the population, face challenges in securing government jobs, with
Assamese language proficiency often being a requirement.
6. Threats to language preservation: Linguistic minorities often face the
risk of their languages becoming endangered or extinct. Factors such as
 MODEL ANSWER | AIM W4 D4 9

urbanization, globalization, and migration can contribute to the decline of SELF NOTES
their languages, impacting their cultural identity and heritage.

SAFEGUARDS TO THE RIGHTS OF LINGUISTIC MINORITIES IN THE

CONSTITUTION
1. Article 29: This article guarantees the protection of the interests of
minorities, including linguistic minorities, in matters of language, script,
and culture. It grants linguistic minorities the right to conserve their
distinct language and culture.
2. Article 30: This article provides linguistic and religious minorities the
right to establish and administer educational institutions of their choice. It
ensures the preservation and promotion of their language and culture
through educational institutions.
3. Article 350A: Directs the state to provide adequate facilities for
instruction in the mother tongue at the primary stage of education to
children belonging to linguistic minority groups.
4. Article 350B: Establishes the office of the Special Officer for Linguistic
Minorities to investigate and report on issues related to the rights of
linguistic minorities.
5. Eighth Schedule: The Eighth Schedule of the Constitution recognizes
multiple languages and includes provisions for the development and
protection of various languages spoken by linguistic minorities across
different states in India.

The Commissioner for Linguistic Minorities, a constitutional office, plays a

significant role in ensuring continuous watch and vigilance over the working
of these safeguards. The Commissioner is responsible for monitoring the
implementation of constitutional provisions related to linguistic minorities.

Their role includes:

 Investigation and inquiry: The Commissioner conducts investigations
and inquiries into specific complaints or issues related to the violation of
linguistic minority rights. They assess the situation, gather information,
and recommend necessary measures for the protection of linguistic
minorities.
 Advisory role: The Commissioner provides advice and recommendations
to the central and state governments on matters related to linguistic
minorities. This includes suggestions on policies, programs, and initiatives
that can promote the preservation and development of minority languages
and cultures.
 Reporting and recommendations: The Commissioner submits annual
reports to the President of India, highlighting the status of linguistic
minority rights and the effectiveness of the safeguards. These reports help
in identifying areas that need attention and in formulating policies for the
welfare of linguistic minorities.
 Awareness and advocacy: The Commissioner raises awareness about
the rights and issues of linguistic minorities through various means, such
as public campaigns, workshops, and seminars. They advocate for the
protection and promotion of linguistic minority rights in different forums.

By fulfilling these responsibilities, the Commissioner for Linguistic Minorities

acts as a watchdog to ensure that the rights of linguistic minorities are
safeguarded and that necessary steps are taken for their development,
preservation, and inclusion in society.

5. What are major reforms required in NCW to ensure it can promote

women’s rights in both public and private spheres?

The National Commission for Women (NCW) is India's apex organization

dedicated to protecting and promoting women's interests. Established as a
 MODEL ANSWER | AIM W4 D4 10

statutory body of the Government of India, the NCW advises on policy matters SELF NOTES
affecting women, representing their rights and voicing their concerns.
The NCW's campaigns address a range of issues, including dowry, political
representation, religious rights, equal job opportunities, and the exploitation
of women in labor. Additionally, the Commission has highlighted police abuses
against women, advocating for their protection and justice.

The Committee on the Status of Women in India (CSWI)

recommended five decades ago for the setting up of NCW to fulfill the
surveillance functions to facilitate redressal of grievances and accelerate the
socio-economic development of women.

ISSUES/CHALLENGES FACED BY NATIONAL COMMISSION FOR WOMEN

(NCW)
1. Limited Powers: Despite being a statutory body, the NCW lacks the
authority to enforce its recommendations. For example, its
recommendations in high-profile cases like the 2012 Delhi gang rape were
advisory and not binding.
2. No legislative powers: It can recommend amendments to the law which
are not binding on the government that selects both members and the
chairperson.
3. Selection process of members: The selection process seems based on
political preferences rather than competence.
4. Lack of Constitutional status: It lacks constitutional status, and thus
has no legal powers to summon police officers or witnesses.
5. Faulty recommendations: NCW’s recommendations regarding Section
497 of the IPC that women were “the victim and not an offender” in
adulterous cases faced ire.
6. Resource Constraints: The NCW operates with a budget of ₹25 crores
(2022-23), which is insufficient to address widespread gender issues across
India effectively. This affects its ability to conduct outreach and support
women in remote areas.
7. Jurisdictional Overlap: The NCW’s mandate sometimes overlaps with
other bodies like state commissions and the National Human Rights
Commission (NHRC), leading to jurisdictional confusion. For instance,
issues related to domestic violence are often dealt with by multiple bodies,
causing delays.
8. Delays in Justice: Cases brought before the NCW often experience delays
due to bureaucratic hurdles. In 2021, it was reported that over 40% of
complaints to the NCW were pending resolution, highlighting inefficiencies
in the system.
9. Lack of Awareness: Many women, especially in rural areas, are unaware
of the NCW’s existence or its role. According to a 2019 study, less than 30%
of women in rural areas were aware of the NCW and its functions.
10. Political Interference: The NCW has faced criticism for alleged political
bias, particularly in handling cases involving high-profile individuals or
politically sensitive issues. This has sometimes led to perceptions of
partiality and diminished trust in the institution.

LANDMARK JUDGEMENTS
 Bodhisattwa Gautam v. Subra Chakraborty (AIR 1996 SC 922). [1]
 Chairman Rly Board v. Chandrima Das (AIR 2000 SC 988). [2]
 Visakha v. The State of Rajasthan, (AIR 1997 SC 3011). [3]
These verdicts enshrined the requirement for recognising the rights of
Women at massive.
 MODEL ANSWER | AIM W4 D4 11

REFORMS REQUIRED IN NCW SELF NOTES

1. Enhanced Enforcement Powers: Parliamentary Committee on
Empowerment of Women have suggested giving the NCW quasi-judicial
powers to enforce its recommendations, similar to the National Human
Rights Commission (NHRC).
2. Independent Appointments: Various committees have suggested that
the appointment process for NCW members should be independent and
transparent to reduce political interference, similar to practices in countries
like Canada where the Women’s Commission operates independently of
political influence.
3. Digital Outreach and Modernization:
 Best Practice: Following models from countries like the United
Kingdom, the NCW should enhance its digital outreach, providing
accessible online platforms for grievance redressal and awareness
campaigns.
4. Regular Training, Capacity Building & Public Awareness
Campaigns: Regular training for NCW staff on gender issues, legal
reforms, and technology, as practiced by Women’s Commissions in
Scandinavian countries, would improve efficiency and responsiveness.
 Drawing from successful models like Australia’s “Respect Matters”
program, the NCW should engage in nationwide campaigns to raise
awareness about women’s rights and the NCW’s role.
5. Increased Resources: Experts recommend significantly increasing the
budget and staffing to improve the NCW's capacity, especially in rural
areas.
6. Increasing representation: It should have more representation from
diverse groups of women, including women from marginalized
communities.
7. Clear Jurisdictional Mandate: To avoid overlap with other bodies, a
clear delineation of the NCW’s jurisdiction and functions is needed, as
suggested by various legal experts.
 It should be given more powers to investigate cases of discrimination
and violence against women, especially in the private sphere.
8. Monitoring and Accountability Mechanisms: Establishing strong
internal monitoring and accountability mechanisms, as seen in New
Zealand's Human Rights Commission, could enhance the effectiveness of
NCW's interventions.

In conclusion, the National Commission for Women (NCW) is crucial in

advocating for women's rights and advising on policy matters in India.
However, to enhance its impact, the NCW must gain stronger enforcement
powers, better resources, and greater independence. By addressing these
issues and adopting global best practices, the NCW can more effectively fulfill
its mandate and advance the cause of gender equality in the country.
 AIM – 2025 POLITY
WEEK 4 DAY 5 ASSIGNMENT QUESTIONS GUIDELINES
1. What are the grounds for disqualification in the Anti-Defection law? Do you think recently
the issue of defection has become more challenging despite the presence of this law?
Substantiate your argument with recent events.

Approach for Question 1

Explain grounds for disqualification under the Anti-Defection Law, such as voluntary
resignation from the party, voting against party directives, and independent members joining
parties. Discuss recent challenges, citing instances like mass defections in state legislatures,
and analyze why these occurrences indicate the law's limitations in curbing defection.
(Source-Internet)

2. Enlist the reforms initiated by the 91st Constitutional Amendment Act 2003. Do you think it
has made the ADL more strong? Comment.

Approach for Question 2

List reforms from the 91st Amendment, such as capping the size of the Council of Ministers
at 15% of legislative strength and disqualifying defectors from holding ministerial positions.
Comment on its effectiveness in strengthening the Anti-Defection Law (ADL) by promoting
political stability and reducing opportunistic defections. (Source-Internet and Laxmikant)

3. Discuss the role of NITI Aayog in transforming India's policy framework. How has it
contributed to economic development and governance?

Approach for Question 3

Discuss NITI Aayog's role in strategic policy planning and fostering cooperative federalism.
Highlight contributions to economic development, like promoting digital India, startup
ecosystems, and sustainable development goals. Analyze its impact on governance through
initiatives like the Aspirational Districts Programme and the ease of doing business reforms.
(Source-Internet)
4. Discuss the role of the Central Vigilance Commission (CVC) in combating corruption in
India. How effective has it been in ensuring transparency and accountability in governance?

Approach for Question 4

Explain the CVC's role in combating corruption by supervising vigilance activities and
advising central government organizations. Assess its effectiveness in ensuring transparency
and accountability, citing examples of notable interventions. Discuss challenges like limited
enforcement power and the need for stronger mechanisms to enhance its impact. (Source-
Internet)

5. Write the composition of the Information Commission. How are its autonomy and
independence ensured? Discuss it in light of recent amendments.

Approach for Question 5

Describe the Information Commission's composition, including the Chief Information

Commissioner and Information Commissioners. Discuss how autonomy and independence
are ensured through appointment processes and fixed tenure. Analyze recent amendments,
such as changes to tenure and salary, and their impact on the Commission's independence
and effectiveness. (Source-Internet)

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