Syllabus- National Human Rights Commission, National Commissions for SCs/ST/Minorities and Women; Parliamentary Committees Estimates Committee, Public Accounts Committee, Committee on Public Undertakings.
Number of questions- Mains: 02, Prelims – 10
Mains Questions of the day-
1.What are the Constitutional guarantees given to women? Explain the role of the National Commission for Women in protecting the rights of the women?
Introduction: –
Mention one quote related to the Women. Or brief on the constitutional protections given to Women in India.
Body: –
Mention the constitutional provisions related to women and role of National Commission for Women in protecting the rights of the women.
Conclusion: –
- India is being the signatory to the Convention for the Elimination of All Forms of Discrimination Against Women, there is an urgent need to address the problems of lack of education, development deficit, poverty, improper enforcement of the laws, lack of awareness among women, deep rooted patriarchy, etc. to achieve the goal of gender justice in India.
- Need for social transformation: There is a need to remove the rigidities in traditions and beliefs which can be achieved only at societal level through awareness and education.
- Government interventions in the form of Sukanya Samridhi Yojana, Beti Bachao Beti Padhao are steps in the right direction which could lead to a dignified life to every woman in the country.
- However, making legislations and schemes alone is not sufficient. There is a need for changing the societal attitude and behavioral changes towards women. Only then, we can go ahead in the direction of making women have equal rights and provisions as men
Content: –
Constitutional Provisions for protection of women
Fundamental Rights:
- Article 14: The Constitution of India guarantees the “right to equality” to women and prohibits unreasonable discrimination between persons.
- Article 15(1): This article prohibits the state from discriminating on the basis of religion; race, case, sex, or place of birth.
- Article 15(3) :-This allows the state to make special provisions for women and children.
- Article 16: It provides equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
Directive Principles of State Policy: –
- Article 39 (a): It urges the state to provide equal right to adequate means of livelihood to men and women.
- Article39 (d): It warrants equal pay for equal work for both men and women.
- Article 42: In pursuance of Article 42, the Maternity Benefit Act was passed in 1961.
- Article 44: It requires the state to secure for the citizens a uniform civil code throughout the territory of India.
Fundamental Duties: –
- Article 51 A (e): States that it is the duty of the citizens to renounce practices that are derogatory to the dignity of women.
Local Governance: –
- Article 243-D (3): One-third of total number of seats to be filled by direct election in every Panchayat shall be reserved for women.
- Article 243-D (4): One-third of total number of offices of chairpersons in the Panchayats at each level shall be reserved for women
- Article 243-T (3): One-third of total number of seats to be filled by direct election in every Municipality shall be reserved for women
- Article 243-T (4): Offices of chairpersons in Municipalities shall be reserved for women in such manner as the State Legislature may provide.
Role of National Commission for Women: –
- Inquiry and Investigation:-It enjoys the powers of a civil court.
- Action Research: –It members take part in the planning process of socio-economic development of women, propose measures to encourage their representation in all spheres, and review their advancement.
- Legal Intervention: –Traditional Nyaya Panchayats are created by NCW for the redressal and speedy disposal of cases.
- Investigation and Examination: It will investigate and examine all the matters relating to the safeguards provided for the women under the Constitution and other laws
- Presentation of Reports: Table reports to the Central Government, every year and at such other times as the Commission may deem fit, reports upon the working of those safeguards
- Recommendations: Make in such reports and recommendations for the effective accomplishment of those safeguards for enhancing the conditions of the women by the Union or any State.
Review, every now and then, the current provisions of the Constitution and other laws distressing the women and prescribe alterations and suggest curative legislative measures meet any break, inadequacies, and incapacity in such legislation.
- Cases of Violation: Take up cases of infringement of the provisions of the Constitution and of other laws relating to the women with the relevant authorities
- Suo Moto Notice: It will look into complaints, and takes Suo Motto notice of matters relating to – deprivation of women’s rights, Non-implementation of the laws, and Non-compliance of policy decisions guaranteeing the welfare for women society.
- Special Studies and Investigation: It conducts special studies or investigation on the concerning issues or circumstances emerging out of segregation and outrages against ladies and recognizes the limitations in order to suggest techniques for their expulsion
- Research: It will undertake the promotional and educational research so as to propose ways of ensuring due representation of women in all fields and identifies the factors responsible for impeding the support services and technologies for reducing drudgery and professional health hazards and for escalating their efficiency.
- Participation in all spheres particularly in Planning: It takes part and advice on the planning process of socio-economic development of women
- Evaluation: It will assess the progress of the development of women society under the Union and State.
- Inspection: It will investigate or cause to be inspected a jail, remand home women’s establishment or other places of guardianship where ladies are kept as detainees.
- Funding: It will fund the litigation, relating issues affecting a large body of women.
- Reporting: It will make periodical reports on any issue pertaining to women and in particular various difficulties under which women toil.
2.Explain the powers and functions of National Human Rights Commission?
To deny people their human rights is to challenge their very humanity. — Nelson Mandela
Introduction: –
Write briefly about National Human Rights Commission and its importance in the Constitution.
Body: –
Mention the role and functions of the National Human Rights Commission.
Conclusion: –
Suggest solutions to address the issues and make the NHRC more powerful.
Content: –
Role and Function: –
- It has all the powers of a civil court and its proceedings have a judicial character.
- It is empowered to utilise the services of any officer or investigation agency of the Central government or any state government for the purpose of investigating complaints of human rights violation.
- It can look into a matter within one year of its occurrence, i.e the Commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed.
- The functions of the commission are mainly recommendatory in nature.
- It has no power to punish the violators of human rights, nor to award any relief including monetary relief to the victim.
- It has limited role, powers and jurisdiction with respect to the violation of human rights by the members of the armed forces.
- It is not empowered to act when human rights violations through private parties take place.
Prelims of the day: –
- Which among the following is not a member of a committee which recommends the appointment of the members of the Central Information Commission?
- Prime Minister
- The Leader of Opposition in the Lok Sabha
- Union Cabinet Minister nominated by the Prime Minister
- Speaker of the Lok Sabha
Answer: D
Explanation:
The Central Information Commission consists of a Chief Information Commissioner and not more than ten Information Commissioners. They are appointed by the President on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.
2.With reference to the Central Information Commission, which of the following statements is/are incorrect?
- Central Information Commission falls under the Ministry of Personnel.
- While inquiring cases, the Commission has the powers of a civil court.
Select the correct answer using the codes given below:
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer: D
Explanation:
The Central Information Commission (CIC) is a statutory body, set-up under the Right to Information Act in 2005. The Commission includes one Chief Information Commissioner and not more than 10 information commissioners who are appointed by the President of India. he Central Information Commission falls under Ministry of Personnel.
While inquiring, the Commission has the powers of a civil court in respect of the following matters:
- summoning and enforcing attendance of persons and compelling them to give oral or written evidence on oath and to produce documents or things;
- requiring the discovery and inspection of documents;
- receiving evidence on affidavit;
- requisitioning any public record from any court or office;
- issuing summons for examination of witnesses or documents; and
- any other matter which may be prescribed.
3.Which of the following are the members of a committee, which recommends the appointment of chairman of the National Human Rights Commission (NHRC)?
- Prime Minister
- The Speaker of the Lok Sabha
- The Deputy Chairman of the Rajya Sabha
- The Union Home Minister
Select the correct answer using the codes given below:
- 1, 2 and 3 only
- 2, 3 and 4 only
- 1, 2 and 4 only
- All the above
Answer: D
Explanation:
Composition of NHRC: –
- Members: It is a multi-member body consisting of a chairman and four members. A person who has been the Chief Justice of India or a judge of the Supreme Court is a chairman.
- Appointment: The chairman and members are appointed by the President on the recommendations of a six-member committee consisting of the Prime Minister as its head, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both the Houses of Parliament and the Union Home Minister.
4.Consider the following statements about National Human Rights Commission (NHRC)
- It cannot inquire into any violation of human rights by a public servant, suo-motu.
- It submits its annual or special reports to the President.
Which of the above statements is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer: D
Explanation:
The functions of the National Human Rights Commission are:
- To inquire into any violation of human rights or negligence in the prevention of such violation by a public servant, either suo motu or on a petition presented to it or on an order of a court.
- To intervene in any proceeding involving allegation of violation of human rights pending before a court.
- To visit jails and detention places to study the living conditions of inmates and make recommendation thereon.
The commission submits its annual or special reports to the Central government and to the state government concerned. These reports are laid before the respective legislatures, along with a memorandum of action taken on the recommendations of the commission and the reasons for non-acceptance of any of such recommendations.
5.Which of the following is not a function of the National Commission for Scheduled Castes?
- To inquire into complaint about deprivation of rights of a scheduled caste person.
- To advise the states on the socio-economic development of scheduled castes.
- To design and implement welfare schemes for scheduled castes at the national level.
- To present annual reports to the president about the works of the commission.
Answer: C
Explanation:
The NCSC can only advise the states and the union on designing socio-economic development schemes for scheduled castes. But designing and implementing the schemes is the function of the executive at various levels. Usually, the secretary-level officers of the ministry design the scheme, and implementation is done by executives at the district or block level. (Hence option C is not a function)
However, NCSC can monitor the implementation of the schemes and make suggestions for their effective implementation.
All the other options are functions of the NCSC.
6.The National Commission for Scheduled Castes submits its reports to?
- The Parliament
- The President of India
- Union Minister for Social Justice
- The Lok Sabha Speaker
Answer: B.
Explanation:
Constitutional bodies like NCSC, NCST, NCBC, CAG, etc. submit their reports to the President of India. The President places these reports before the Parliament. The President also forwards any report of the Commission about a state government to the state governor. The governor places it before the state legislature.
7.Which among the following is not correct about Central Information Commission (CIC)?
- It was established under the provisions of the Right to Information Act (2005).
- Members of CIC are appointed by the President.
- Members of CIC are eligible for reappointment.
- The jurisdiction of the Commission extends over all Central Public Authorities.
Answer: C
Explanation:
About Central Information Commission (CIC):
- Establishment: The CIC was established by the Central Government in 2005, under the provisions of the Right to Information Act (2005). It is not a constitutional body.
- Appointment: They are appointed by the President on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.
- Jurisdiction: The jurisdiction of the Commission extends over all Central Public Authorities.
- Tenure: The Chief Information Commissioner and an Information Commissioner shall hold office for such term as prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier.
They are not eligible for reappointment.
8.Which among the following is the Motto of Central Bureau of Investigation?
- Industry, Impartiality and Integrity.
- Professionalism, Transparency, Adaptability
- Integrity and the fight against corruption have to be part of the culture.
- None of the above
Answer: A
Explanation:
MOTTO, MISSION AND VISION OF CBI
- Motto: Industry, Impartiality and Integrity
- Mission: To uphold the Constitution of India and law of the land through in-depth investigation and successful prosecution of offences; to provide leadership and direction to police forces and to act as the nodal agency for enhancing inter-state and international cooperation in law enforcement.
- Vision: Based on its motto, mission and the need to develop professionalism, transparency, adaptability to change and use of science and technology in its working.
Which of the following statements about National Commission for Scheduled Castes (NCSC) is correct?
- It has the power to increase the reservation for scheduled castes in educational institutions.
- Only a person from the scheduled castes shall be appointed as chairperson of the NCSC.
- Its chairperson is an ex-officio member of the National Human Rights Commission.
- It can’t take suo moto cognizance of the matters involving safeguards of scheduled castes.
Answer: C.
Explanation:
- The qualifications required for chairperson and members of the NCSC have not been prescribed. Thus, only a person from the scheduled caste doesn’t need to be appointed as the chairperson. (Hence option B is incorrect)
- Increasing the quota limit for any community is the prerogative of the parliament. The NCSC can only recommend for an increase if the situation warrants, but it doesn’t have the power to increase reservations. (Hence option A is incorrect)
- NCSC can take suo moto cognizance of the matters involving violation of constitutional and other legal safeguards of scheduled castes people. (Hence option D is incorrect)
- The chairperson of the NCSC is an ex-officio member of the National Human Rights Commission. (Hence option C is correct)
10.Which of the following statements about National Commission for Scheduled Tribes (NCST) is incorrect?
- NCST members are appointed by the president of India.
- The chairperson of NCST must be from scheduled tribes.
- At least one member of NCST shall be a woman.
- NCST must have at least one of its members from scheduled tribes.
Answer: D.
Explanation:
- NCST has a chairperson, a vice-chairperson, and three other members appointed by the president by warrant under his hand and seal. (Hence option A is correct)
- The chairperson of the NCST must belong to the scheduled tribes. (Hence option B is correct).
- At least two of the other four members shall be appointed from amongst persons belonging to the Scheduled Tribes. i.e. at least three of the total five members must be from scheduled tribes. (Hence option D is incorrect)
- At least one member (other than chairperson) of the NCST shall be a woman. i.e. it is guaranteed that at least one of the five members of NCST will be a woman. (Hence option C is correct).