National Commissions are statutory bodies established by the Parliament of India to address specific issues and concerns pertaining to various segments of society. While these commissions derive their powers, functions, and composition from specific legislation enacted by the Parliament, there are constitutional provisions that empower the Parliament to establish such commissions and outline their broad framework.
- Article 338:
- Article 338 of the Constitution empowers the President of India to establish a Special Officer for Scheduled Castes and Scheduled Tribes.
- This provision laid the foundation for the establishment of the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST) to safeguard the rights and interests of these marginalized communities.
- Article 338A:
- Article 338A empowers the President to constitute a Commission for Backward Classes.
- This provision led to the establishment of the National Commission for Backward Classes (NCBC), which addresses the concerns and issues faced by socially and educationally backward classes in India.
- Article 338B:
- Article 338B enables the Parliament to constitute a Commission for Minorities.
- This provision facilitated the establishment of the National Commission for Minorities (NCM) to safeguard the rights and interests of minority communities, including religious and linguistic minorities.
- Article 338C:
- Article 338C empowers the Parliament to establish a Commission for Linguistic Minorities.
- This provision has not been operationalized yet, but it lays the groundwork for the establishment of a commission dedicated to addressing the concerns of linguistic minorities in India.
- Article 340:
- Article 340 authorizes the President to appoint a commission to investigate the conditions of socially and educationally backward classes and recommend measures for their welfare.
- While this provision does not directly establish a National Commission, it allows for the creation of commissions focused on specific aspects of social welfare and development.
These constitutional provisions provide the framework within which National Commissions are established by the Parliament. While the Constitution outlines the broad mandates and areas of focus for these commissions, the specific powers, functions, composition, and operational aspects are determined by the respective legislation enacted by the Parliament. This legislation provides detailed guidelines and regulations governing the establishment and functioning of National Commissions, ensuring that they effectively address the needs and concerns of the communities they serve.
