Luxmikant Polity Crux Static Books Crux Notes

LUXMIKANT POLITY CRUX NOTES-CHAPTER-49

National Commission for BCs

Establishment ·         In Mandal Commission Case – SC Directed the CG to constitute a permanent statutory body – to examine the complaints of under inclusion, over inclusion or non-inclusion of BC.

·         102nd AA, 2008 conferred constitutional status on the commission – inserted new Article 338B.

Functions 1.       Investigate and monitor all matters relating to constitutional and other legal safeguards.

2.       Inquire into specific complaints for deprivation of rights and safeguards.

3.       Participate and advice on planning process of social economic development – evaluate progress

4.       Make recommendations as a measure to be taken by union or state government.

5.       Discharge other functions for protection, welfare and development of BC

Report of Commission ·         The Commission presents annual report to the President-placed before Parliament – memorandum explaining recommended action to be taken by the commission.

·         President forward any report of the commission pertaining to the state government to the state governments concerned – placed before SLA – memorandum explaining recommended actions.

·         Memorandum should also contain the reasons for non-acceptance of any of such recommendations

Powers of the Commission ·         Commission has power to regulate its own procedure.

·         While investigating or enquiring into any complaint has powers of a civil court – summoning, enforcing attendance, discovery and production of any document, receiving evidence  affidavits, issuing summons.

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