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Polity Set 114 | MROY Class

Polity Set 114

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📌 Local Government • History

Q.1) Who is often hailed as the ‘Father of local self-government in India’ for his famous resolution of 1882?

Ans > Lord Ripon
  • The Magna Carta of Local Democracy: Lord Ripon’s Resolution of 1882 is widely celebrated by historians as the Magna Carta of local self-government in India. It laid the foundational framework for democratic decentralization by proposing the establishment of rural local boards and municipal councils across the country.
  • Empowering Non-Officials: A central feature of his revolutionary resolution was the push to have a non-official majority in these local bodies, ideally chosen through elections rather than direct government appointments. This was a radical step towards Indian self-representation during the colonial era.
  • Financial and Administrative Autonomy: The resolution powerfully argued that local bodies must be given specific, independent sources of revenue to function effectively. Ripon believed that even if local bodies made administrative mistakes initially, the political education gained by Indians would outweigh any temporary loss of efficiency.
  • Legacy as Viceroy: Serving as the progressive Viceroy of India from 1880 to 1884, Lord Ripon actively reversed many of the repressive policies of his predecessor, Lord Lytton. Beyond local government, he is also remembered for repealing the controversial Vernacular Press Act and introducing the progressive Ilbert Bill.
📌 Local Government • Committees

Q.2) The Royal Commission on Decentralisation (1907), which recognized the importance of village panchayats, was chaired by:

Ans > C.E.H. Hobhouse
  • Formation of the Commission: The Royal Commission upon Decentralization was officially appointed in 1907 during the tenure of Viceroy Lord Minto. Chaired by Sir C.E.H. Hobhouse, the commission’s primary mandate was to meticulously investigate the financial and administrative relations between the Government of India and the provincial governments.
  • Combating Centralization: The commission was established in response to growing criticisms that the British Indian administration had become overly centralized, rigid, and disconnected from the grassroots. The goal was to simplify the bureaucracy and shift power downward.
  • Revival of Village Panchayats: The commission’s comprehensive 1909 report strongly advocated for the revival and systematic development of village panchayats as the fundamental unit of local self-government. It noted that extreme centralization had eroded traditional village autonomy.
  • Paving the Way for Future Reforms: While the immediate implementation of the Hobhouse commission’s recommendations was incredibly slow and half-hearted by the colonial state, its detailed study laid crucial groundwork. It heavily influenced the subsequent Government of India Act of 1919.
📌 Panchayati Raj • Committees

Q.3) Which committee, appointed in 1988, recommended that Panchayati Raj institutions should be constitutionally recognized and favored a three-tier system of Panchayati Raj with fixed five-year tenures?

Ans > Thungon Committee
  • Background and Objective: The P.K. Thungon Committee was appointed in 1988 as a specialized sub-committee of the Consultative Committee of Parliament. Its primary objective was to rigorously examine the political and administrative structure at the district level for the specific purpose of improving district planning and development.
  • Demand for Constitutional Recognition: The most historic and impactful recommendation made by the Thungon Committee was that Panchayati Raj institutions must be granted formal constitutional recognition. This push was a major turning point in shifting local governance.
  • Structuring the Three-Tier System: The committee firmly favored a uniform three-tier system of Panchayati Raj across the nation—functioning at the village, block, and district levels. They strongly emphasized that the Zila Parishad should act as the pivotal agency for rural planning.
  • Tenure and Coordination: To prevent state governments from dissolving panchayats arbitrarily, the committee recommended a strict, fixed five-year tenure. They suggested setting up a dedicated planning and coordination committee at the state level.
📌 Panchayati Raj • Amendments

Q.4) The V.N. Gadgil Committee (1988) was formed specifically to consider how best Panchayati Raj institutions could be made effective. Whose recommendations heavily influenced the drafting of the 73rd Amendment Bill?

Ans > Gadgil Committee
  • Formation by the Congress Party: The V.N. Gadgil Committee on Policy and Programmes was established in 1988 by the Congress party under the leadership of Prime Minister Rajiv Gandhi. Its highly focused mandate was to evaluate exactly how Panchayati Raj institutions could be made more effective.
  • Blueprint for the 73rd Amendment: The comprehensive recommendations generated by the Gadgil Committee ultimately became the fundamental structural basis for drafting the 73rd Constitutional Amendment Bill. Their detailed blueprint outlined the precise administrative mechanisms required.
  • Core Governance Recommendations: The committee powerfully echoed the Thungon Committee’s call for constitutional status, a rigid three-tier system, and fixed five-year terms. Importantly, they mandated direct elections for members at all three levels.
  • Focus on Inclusivity and Finance: To ensure true democratic representation, they strongly advocated for the mandatory reservation of seats for SCs, STs, and women. To guarantee institutional independence, they pioneered the idea of establishing a State Finance Commission and a State Election Commission.
📌 Panchayats • Finance

Q.5) Under Article 243I, the State Finance Commission is constituted every five years to review the financial position of the panchayats. Who constitutes it?

Ans > The Governor
  • Strict Constitutional Mandate: Under Article 243I of the Indian Constitution, which was introduced by the landmark 73rd Amendment Act, the Governor of a state is constitutionally obligated to constitute a State Finance Commission (SFC) every fifth year.
  • Core Objective of the Commission: The indispensable function of the SFC is to comprehensively review the financial position of both rural panchayats and urban municipalities, ensuring local bodies possess adequate financial resources.
  • Recommending Revenue Distribution: The commission makes binding recommendations to the Governor regarding the equitable distribution of the net proceeds of taxes, duties, tolls, and fees levied by the State between the State government and the grassroots bodies.
  • Governing Grants-in-Aid: Furthermore, the SFC determines the specific economic principles governing the grants-in-aid given to the panchayats from the Consolidated Fund of the State.
📌 Panchayats • Elections

Q.6) Under Article 243K, the State Election Commission consists of a State Election Commissioner appointed by the:

Ans > Governor
  • Establishment under Article 243K: The 73rd Constitutional Amendment Act of 1992 formally introduced Article 243K, which legally mandates the creation of an independent State Election Commission (SEC) in every single Indian state.
  • Appointment Mechanism: The State Election Commission operates under the leadership of a State Election Commissioner, who is strictly appointed by the Governor of the state, granting executive autonomy to manage local democratic processes.
  • Rigorous Security of Tenure: To ensure absolute independence from political pressure, the State Election Commissioner cannot be removed from office arbitrarily by the Governor. They can only be removed in the exact same manner as a High Court judge.
  • Exclusive Powers and Responsibilities: The SEC is vested with exclusive power of superintendence, direction, and control over electoral rolls and is solely responsible for smooth local elections.
📌 Urban Local Bodies • Statutory Bodies

Q.7) Port Trusts are established for managing major ports in India. Since they involve national commerce, they are created by:

Ans > Acts of Parliament
  • Statutory Establishment: Port Trusts are autonomous statutory bodies created specifically for the day-to-day administration and operation of major maritime ports in India. Because major ports involve inter-state and international commerce, they must be established by Acts of Parliament.
  • The Foundational Legislation: The primary legal framework governing these massive entities is the Major Port Trusts Act of 1963, providing structure for autonomous operations.
  • Composition of the Governing Board: A Port Trust is governed by a diverse Board of Trustees, featuring a central chairman appointed by the Union Government and representatives from customs, railways, defense, labor unions, and merchant associations.
  • Financial and Administrative Autonomy: While under the Ministry of Ports, Shipping and Waterways, they enjoy vast autonomy, empowered to generate revenue through tariffs and utilize funds directly for port modernization.
📌 Urban Local Bodies • Defence

Q.8) Cantonment Boards are established for municipal administration for the civilian population residing in cantonment areas. They work under the administrative control of the:

Ans > Ministry of Defence
  • Specialized Civic Jurisdiction: Cantonment Boards are specialized municipal administration bodies for civilians in permanent military stations, designed to meticulously balance civilian civic needs with stringent military security requirements.
  • Unique Administrative Control: Because they operate entirely within highly sensitive military zones, they function under the direct administrative control of the central Ministry of Defence, rather than a state government’s urban development department.
  • Governing Statutory Basis: These specialized boards are currently governed by the Cantonments Act of 2006, ensuring a rigid, uniform standard of municipal administration across all cantonments in the country.
  • Hybrid Board Composition: A Cantonment Board operates as a hybrid body of democratically elected civilian members and officially nominated military members. The highest-ranking military officer commanding the local station serves as the ex-officio President.
📌 Urban Local Bodies • Nagar Panchayat

Q.9) Under the 74th Amendment Act, a ‘Nagar Panchayat’ is governed by a committee representing a:

Ans > Transitional area from rural to urban
  • The 74th Amendment Classification: The 74th Amendment Act of 1992 structured urban local governance into three types based on size and urbanization: Municipal Corporations, Municipal Councils, and Nagar Panchayats.
  • Defining a Transitional Area: A Nagar Panchayat is exclusively set up for a “transitional area,” defined as an area currently shifting from a rural demographic and economic profile to a fully urbanized one, with agricultural decline and rising commercial activity.
  • The Governor’s Discretion: The precise determination of whether an area qualifies as transitional is made strictly by the Governor via public notification, evaluating population, density, revenue, and non-agricultural employment.
  • Bridging the Governance Gap: The primary purpose is to bridge the administrative gap between a rural Gram Panchayat and a fully-fledged urban Municipal Council, ensuring proper civic planning for rapidly transforming areas.
📌 Urban Local Bodies • Metropolitan

Q.10) According to Article 243ZE, a Metropolitan Planning Committee must be constituted in every metropolitan area. The Constitution defines a ‘metropolitan area’ as one having a population of:

Ans > 10 Lakhs or more
  • Constitutional Definition: According to Article 243P, a ‘metropolitan area’ is strictly defined as an area having a total population of ten lakhs (one million) or more. It can encompass one or more districts and multiple municipalities.
  • Mandate of Article 243ZE: The 74th Amendment mandates the creation of a Metropolitan Planning Committee (MPC) to draft a comprehensive, overarching development plan integrating the entire urban agglomeration.
  • Democratic Composition: The Constitution mandates that no less than two-thirds of the MPC members must be directly elected by and from amongst the elected members of participating Municipalities and Panchayat Chairpersons.
  • Resolving Jurisdictional Overlap: The MPC forcefully resolves conflicts between competing city councils, rural panchayats, and state infrastructure agencies by harmonizing spatial planning across borders.
📌 Union Territories • Delhi

Q.11) Article 239AA of the Constitution provides a special status for Delhi. Which Constitutional Amendment Act inserted this Article?

Ans > 69th Amendment Act (1991)
  • The 69th Amendment: The 69th Constitutional Amendment Act of 1991 officially inserted Article 239AA, redesignating the Union Territory of Delhi as the “National Capital Territory of Delhi” (NCT) and designating its administrator as the Lieutenant Governor (LG).
  • The Balakrishnan Committee: This monumental change was enacted based on the recommendations of the S. Balakrishnan Committee (1987), proposing a unique hybrid administrative model for the capital.
  • Creation of the Assembly: Article 239AA mandated the creation of a 70-member Legislative Assembly and a dedicated Council of Ministers for Delhi, empowering it to make laws on most State and Concurrent List matters.
  • The Three Crucial Exceptions: The amendment explicitly restricts the Delhi Assembly from making laws regarding three vital subjects on the State List: Public Order, Police, and Land. These remain under absolute Central Government jurisdiction.
📌 Union Territories • Puducherry

Q.12) The legislature for the Union Territory of Puducherry was created by Parliament under the Government of Union Territories Act, 1963. This was enabled by which Constitutional Amendment Act?

Ans > 14th Amendment Act (1962)
  • French Colonial History: Puducherry is composed of former French colonial establishments. Following the Treaty of Cession, the French handed over control to India in 1954, but legal integration took longer.
  • The 14th Amendment Mechanism: The 14th Amendment Act of 1962 inserted Article 239A, explicitly empowering Parliament to legally create a local Legislature and Council of Ministers for certain Union Territories.
  • The 1963 Parliamentary Act: Utilizing this power, Parliament passed the Government of Union Territories Act in 1963, establishing a democratically elected legislative assembly for Puducherry.
  • A Unique UT Structure: Puducherry operates distinctly from standard UTs. Its Chief Minister advises the Lieutenant Governor on internal matters, though the Union Government retains overarching constitutional supremacy.
📌 Union Territories • Reorganization

Q.13) In which year did the merger of the Union Territories of Dadra and Nagar Haveli and Daman and Diu officially come into effect?

Ans > 2020
  • The Motive for Merger: The primary administrative motivation was to drastically reduce the duplication of government services, cut administrative costs, and improve bureaucratic efficiency. Both shared Portuguese colonial ties.
  • Legislative Action in 2019: Parliament passed the Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act in December 2019 to replace parallel bureaucracies with a unified framework.
  • The Official Date of Effect: The merger officially came into legal effect on January 26, 2020, deliberately timed to coincide with Republic Day. This reduced the total number of Union Territories in India to eight.
  • New Administrative Structure: Daman was designated as the new capital city of the unified Union Territory, which remains under the jurisdiction of the Bombay High Court for judicial matters.
📌 Scheduled Areas • Fifth Schedule

Q.14) The Fifth Schedule applies to the administration of Scheduled Areas in states other than Assam, Meghalaya, Tripura, and Mizoram. Who is empowered to increase or decrease the area of any Scheduled Area?

Ans > The President (in consultation with the Governor of that state)
  • Presidential Authority Over Boundaries: Under the Fifth Schedule, the President of India has the exclusive authority to declare, increase, decrease, or completely alter the boundary lines of a “Scheduled Area”.
  • Mandatory Consultation: The Constitution mandates that any such geographic alteration can only be executed after formal consultation with the Governor of the respective state, factoring in ground-level realities.
  • Protecting Tribal Autonomy: The Fifth Schedule is designed to protect the distinct cultural practices, land rights, and socio-economic interests of tribal populations in central India.
  • The Governor’s Annual Report: The Governor is constitutionally required to submit an annual report to the President detailing the administrative progress and welfare of the Scheduled Tribes in the region.
📌 Scheduled Areas • Advisory Council

Q.15) A Tribes Advisory Council, mandated for states having Scheduled Areas under the Fifth Schedule, must consist of how many members?

Ans > Not more than 20
  • Constitutional Mandate: The Fifth Schedule explicitly mandates the establishment of a Tribes Advisory Council (TAC) in every state containing Scheduled Areas to protect tribal interests.
  • Strict Size Limitation: The Constitution sets a rigid cap, dictating that a TAC must consist of not more than 20 members in total to keep the council focused and efficient.
  • Primary Advisory Role: The core duty of the TAC is to advise the state Governor on all critical matters strictly pertaining to the welfare and systemic advancement of the Scheduled Tribes within the state.
  • Governor’s Rule-Making Power: The Governor is empowered to make administrative rules regarding the method of appointment of members, the chairperson, and internal parliamentary procedures.
📌 Scheduled Areas • Representation

Q.16) What proportion of the members of a Tribes Advisory Council must be the representatives of the Scheduled Tribes in the State Legislative Assembly?

Ans > Three-fourths
  • Mandatory Political Representation: To guarantee legitimate reflection of political will, the Constitution mandates that three-fourths (15 out of 20) of TAC members must be sitting ST representatives elected to the State Legislative Assembly.
  • Addressing Representative Shortfalls: If the total number of ST representatives in the Assembly is less than the required 15, the remaining seats shall be filled by other non-elected members of those tribes.
  • Ensuring Authentic Voices: This strict quota ensures the council remains overwhelmingly controlled by individuals belonging to the communities they protect, not by bureaucrats.
  • Direct Link to the Legislature: This creates a powerful communication link between the tribal advisory body and the primary law-making institution of the state.
📌 Tribal Areas • Sixth Schedule

Q.17) The Sixth Schedule deals with the administration of tribal areas in which four states?

Ans > Assam, Meghalaya, Tripura, Mizoram
  • The AMTM States: The Sixth Schedule provides highly autonomous administrative frameworks exclusively for tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
  • Rationale for the Sixth Schedule: Tribes in these Northeastern states had historically experienced minimal cultural assimilation. The framers granted them significantly higher self-governance to protect their unique identities compared to Fifth Schedule tribes.
  • Creation of Autonomous Districts: The primary mechanism is organizing tribal areas into “Autonomous Districts” that operate with profound internal autonomy from standard state laws.
  • The Governor’s Overarching Role: The Governor wields massive discretionary power to organize, reorganize, increase, or decrease boundaries of these autonomous districts without needing state assembly approval.
📌 Tribal Areas • District Council

Q.18) Each autonomous district under the Sixth Schedule has a district council consisting of a maximum of 30 members. How are these 30 members structured?

Ans > 26 elected by adult franchise and 4 nominated by the Governor
  • The Autonomous District Council: Every autonomous district must constitute a District Council, acting as a potent mini-legislature to protect customs and manage local resources independently.
  • Democratic Composition: Of the maximum 30 members, exactly 26 are democratically elected directly by the local tribal population on the basis of universal adult franchise for a 5-year term.
  • Nominated Members: The remaining 4 members are officially nominated directly by the Governor of the state and serve strictly at the pleasure of the Governor.
  • Legislative and Judicial Powers: These councils wield extraordinary powers, formulating laws on land inheritance, forest management, marriage, and possessing the authority to constitute village councils or courts for dispute resolution.
📌 Constitution • Public Services

Q.19) Part XIV of the Constitution (Articles 308 to 323) is dedicated to:

Ans > Services under the Union and the States
  • Constitutional Framework for Bureaucracy: Part XIV establishes the legal and administrative framework for all “Services under the Union and the States,” forming the bedrock of India’s permanent executive bureaucracy.
  • Recruitment and Conditions of Service: It empowers Parliament and State Legislatures to formulate laws regulating the recruitment processes and conditions of service for appointed persons.
  • The Doctrine of Pleasure: Article 310 incorporates the “Doctrine of Pleasure,” stating civil servants hold office legally at the pleasure of the President or the Governor, though heavily restricted by safeguards.
  • Safeguards Against Arbitrary Dismissal: Article 311 mandates that a civil servant cannot be dismissed by a subordinate authority and guarantees a fair formal inquiry before punitive action.
📌 Public Services • All-India Services

Q.20) Article 312 empowers Parliament to create new All-India Services if a resolution to that effect is passed by the:

Ans > Rajya Sabha with a special majority
  • The Unique Power of the Rajya Sabha: Article 312 grants the Rajya Sabha the exclusive power to initiate the constitutional process to legally create a brand-new All-India Service.
  • The Special Majority Requirement: The Rajya Sabha must pass a resolution declaring it strictly necessary in the national interest by a “special majority”—not less than two-thirds of the members present and voting.
  • Protecting Federal Balance: Because All-India officers operate in states but are controlled by the center, creating a new service inherently reduces state autonomy. Thus, the states (via Rajya Sabha) must agree overwhelmingly.
  • Parliamentary Enactment: Once the resolution is passed, Parliament is empowered to enact a standard law (via simple majority) to officially create the new service.
📌 Public Services • IFS

Q.21) Currently, there are three All-India Services: IAS, IPS, and IFS. In which year was the Indian Forest Service (IFS) created?

Ans > 1966
  • The Initial Constitutional Position: When the Constitution came into effect in 1950, it officially recognized only two All-India Services: the IAS and IPS (successors to ICS and IP).
  • The Push for a Third Service: The central government recognized a specialized need to scientifically manage the country’s vast ecological resources and massive forest reserves uniformly across states.
  • Creation under the 1951 Act: Utilizing powers granted by Article 312, Parliament amended the All India Services Act of 1951, formally establishing the Indian Forest Service (IFS) as the third All-India Service in 1966.
  • A Unique Dual Mandate: Like IAS and IPS, IFS officers are recruited centrally by UPSC but allocated to state cadres, serving state governments while maintaining the central government as the ultimate disciplinary authority.
📌 Commissions • UPSC

Q.22) The Chairman and members of the Union Public Service Commission (UPSC) are appointed by the President. If the office of the Chairman falls vacant, who appoints an acting Chairman?

Ans > The President
  • The Appointing Authority: Under Article 316, the power to appoint the Chairman and constituent members of the UPSC rests exclusively with the President of India.
  • Provisions for Vacancy: The Constitution anticipates situations where the top leadership might be absent due to sudden resignation, death, removal, or prolonged illness.
  • Presidential Appointment of the Acting Chair: In such scenarios, the President is directly empowered to appoint one of the other existing members of the UPSC to serve as the “acting Chairman.”
  • Duration of the Acting Role: The acting Chairman functions in that capacity until a new Chairman is formally appointed or until the original Chairman successfully resumes their duties.
📌 Commissions • SPSC

Q.23) The members of a State Public Service Commission (SPSC) are appointed by the Governor. To whom do they submit their resignation?

Ans > The Governor
  • State-Level Appointment Mechanism: Under Article 316, the Chairman and all members of an SPSC are officially appointed by the Governor of their respective state, acting upon the advice of the State Council of Ministers.
  • The Resignation Protocol: The Constitution provides a clear protocol for voluntary departure. Members wishing to step down before their term expires must address their formal written resignation directly to the Governor.
  • Distinction from Removal: While a member directs their voluntary resignation to the Governor, the Governor possesses absolutely no legal power to forcibly dismiss or remove them for misconduct.
  • Fixed Tenure and Independence: Members are appointed for a strict term of exactly six years or until the mandatory retirement age of 62, ensuring they cannot be pressured into resigning by state politicians.
📌 Commissions • Removal

Q.24) Although appointed by the Governor, a member of the State Public Service Commission can only be removed from office by the:

Ans > President of India
  • The Security of Tenure Safeguard: Article 317 deliberately safeguards the SPSC from state political pressures, ensuring merit-based recruitment without fear of reprisal.
  • Exclusive Presidential Authority: Despite being appointed by the Governor, SPSC members can be forcibly removed strictly and exclusively by the President of India. The Governor has zero legal authority to dismiss them.
  • The Grounds of Misbehavior: The President can only remove an SPSC member on proved “misbehavior” after formally referring the allegations directly to the Supreme Court for judicial inquiry.
  • Binding Supreme Court Advice: If the Supreme Court upholds the cause of removal and advises dismissal, that judicial advice becomes entirely binding on the President.
📌 Commissions • JSPSC

Q.25) Which Article provides for the establishment of a Joint State Public Service Commission (JSPSC) for two or more states?

Ans > Article 315
  • The Foundational Article: Article 315 dictates the establishment of Public Service Commissions for the Union and the States, including a mechanism for cooperative federalism.
  • The Provision for a Joint Commission: Article 315(2) explicitly allows for the creation of a Joint State Public Service Commission (JSPSC), enabling two or more states to share a single recruitment body.
  • The Legislative Trigger Mechanism: Participating states must first pass formal resolutions within their respective Legislative Assemblies agreeing to the creation of a shared commission.
  • Parliamentary Enactment: Once resolutions are passed, the Indian Parliament is legally empowered to enact a specific law establishing the JSPSC.
📌 Commissions • JSPSC Status

Q.26) A Joint State Public Service Commission (JSPSC) is created by an Act of Parliament on the request of the state legislatures concerned. Thus, unlike the UPSC and SPSC, a JSPSC is a:

Ans > Statutory body
  • Differentiating the Bodies: The UPSC and SPSCs are “Constitutional Bodies” directly created by the Constitution. A JSPSC falls into a completely different legal category.
  • The Statutory Classification: Because a JSPSC requires a specific “Act of Parliament” to be legally birthed into existence upon state requests, it is legally classified as a “Statutory Body.”
  • The Punjab and Haryana Example: Following linguistic reorganization, Parliament enacted a statute to establish a JSPSC for the newly divided states of Punjab and Haryana in 1966.
  • Reporting Mechanism: The JSPSC must present its annual performance report simultaneously to the Governors of each individual participating state, who present it to their legislatures.
📌 Commissions • Appointments

Q.27) Who appoints the Chairman and members of a Joint State Public Service Commission (JSPSC)?

Ans > The President of India
  • Avoiding Inter-State Friction: The Constitution assigns the appointment of the JSPSC Chairman and members exclusively to the President of India, bypassing state leadership entirely to prevent administrative deadlock.
  • The Logic Behind Presidential Power: Giving appointment power jointly to Governors could lead to severe political friction and deadlocks over candidate selection, especially between rival political parties.
  • Uniformity and Neutrality: Elevating the power to the President guarantees a swift, neutral, and politically uniform selection process.
  • Resignation and Removal Alignments: JSPSC members must direct resignations to the President and can only be removed by the President following a Supreme Court inquiry.
📌 Constitutional Bodies • Amendments

Q.28) Article 338 establishes the National Commission for Scheduled Castes (NCSC). Which Amendment Act bifurcated the combined National Commission for SCs and STs into two separate bodies?

Ans > 89th Amendment Act (2003)
  • The Era of a Combined Commission: Initially, the 65th Amendment (1990) established a combined “National Commission for Scheduled Castes and Scheduled Tribes” under a modified Article 338.
  • Recognizing Distinct Challenges: Activists realized the socio-economic challenges faced by Dalits were fundamentally different from the geographic displacement faced by Adivasis. The combined commission struggled to address both effectively.
  • The 89th Amendment Act of 2003: Parliament passed this landmark amendment, splitting the combined commission into two distinct, highly specialized constitutional bodies.
  • Implementation in 2004: Article 338 was amended to refer exclusively to the NCSC, ensuring Dalits had a dedicated body focused entirely on monitoring their constitutional safeguards.
📌 Constitutional Bodies • NCST

Q.29) Which new Article was inserted by the 89th Amendment Act (2003) to establish a separate National Commission for Scheduled Tribes (NCST)?

Ans > Article 338A
  • The Constitutional Insertion: The 89th Amendment Act altered the Constitution by inserting Article 338A, legally birthing the NCST as a fully independent constitutional body.
  • Structure of the New Commission: Article 338A mandates the commission consist of a Chairperson, a Vice-Chairperson, and three members, appointed directly by the President of India.
  • Powers of a Civil Court: The NCST is granted the powers of a civil court trying a suit when investigating grievances, including summoning witnesses and demanding classified documents.
  • Consultation Mandate: The Union and State Governments must legally consult the NCST on all major policy matters fundamentally affecting the Scheduled Tribes.
📌 Constitutional Bodies • NCBC

Q.30) Which new Article was inserted by the 102nd Amendment Act (2018) to grant constitutional status to the National Commission for Backward Classes (NCBC)?

Ans > Article 338B
  • The Previous Statutory Era: Since 1993, following the Indra Sawhney judgment, the NCBC operated strictly as a statutory body, lacking profound constitutional protections.
  • The 102nd Amendment Act of 2018: Parliament passed this historic amendment to permanently insert Article 338B into the Indian Constitution, completely altering the federal oversight architecture.
  • Elevating the NCBC: Article 338B officially granted the NCBC full constitutional status, placing it on the exact same high pedestal as the NCSC (Article 338) and the NCST (Article 338A).
  • Expanded Investigative Mandate: The amendment vastly expanded the NCBC’s mandate, empowering it to investigate massive socio-economic grievances and aggressively intervene when the rights of backward classes are violated.

📌 Quick Summary — Polity Set 114

  • Local Government: Lord Ripon is the ‘Father of local self-government’ (1882 resolution).
  • Royal Commission 1907: Chaired by C.E.H. Hobhouse on decentralisation.
  • Panchayati Raj Constitution: Thungon Committee (1988) recommended constitutional recognition.
  • 73rd Amendment Draft: Heavily influenced by the V.N. Gadgil Committee (1988).
  • State Finance Commission: Constituted every 5 years by the Governor (Article 243I).
  • State Election Commissioner: Appointed by the Governor (Article 243K).
  • Port Trusts: Established by Acts of Parliament.
  • Cantonment Boards: Function under the Ministry of Defence.
  • Nagar Panchayat: Set up for transitional areas from rural to urban.
  • Metropolitan Area: Defined as having a population of 10 Lakhs or more.
  • Delhi Status: Article 239AA inserted by the 69th Amendment Act (1991).
  • Puducherry Legislature: Enabled by the 14th Amendment Act (1962).
  • UT Merger: Dadra/Nagar Haveli & Daman/Diu merged officially in 2020.
  • 5th Schedule Boundaries: President alters Scheduled Areas after consulting Governor.
  • Tribes Advisory Council Size: Must have maximum 20 members.
  • TAC ST Representation: Three-fourths must be ST MLAs.
  • 6th Schedule States: Assam, Meghalaya, Tripura, Mizoram (AMTM).
  • Autonomous District Councils: 30 members (26 elected, 4 nominated).
  • Part XIV of Constitution: Covers Services under the Union and States.
  • New All-India Services: Requires Rajya Sabha special majority (Article 312).
  • IFS Creation: Indian Forest Service was established in 1966.
  • Acting UPSC Chairman: Appointed by the President.
  • SPSC Resignation: Members submit resignation to the Governor.
  • SPSC Removal: Only by the President (on SC inquiry).
  • JSPSC Article: Article 315 enables Joint State Public Service Commissions.
  • JSPSC Status: It is a Statutory Body, unlike UPSC/SPSC.
  • JSPSC Appointments: Chairman and members appointed by the President.
  • NCST/NCSC Bifurcation: Done via 89th Amendment Act (2003).
  • NCST Article: Article 338A created the separate ST commission.
  • NCBC Constitutional Status: Granted by the 102nd Amendment via Article 338B.
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