Special Provison for Certain Classes (Indian Polity and Governance)

Total Questions: 22

11. Article 338 of the Indian Constitution deals with [M.P.P.C.S. (Pre), 2021]

Correct Answer: (a) National Commission for Scheduled Castes
Solution:The provision of the National Commission for Scheduled Tribes has been made by Article 338-A. Originally, there was only Article 338 for the establishment of a commission for Scheduled Castes and Scheduled Tribes (both), but 89. Constitutional Amendment Act, 2003 bifurcated the combined commission into two separate bodies. Article 338A was inserted for a separate commission for Scheduled Tribes. Article 338 now only provides for a commission for Scheduled Castes. The commissions constituted under Article 338 and 338A consist of a Chairperson, Vice-Chairperson, and three other members.

12. Under which Article of the Constitution of India, has the National Commission for Scheduled Castes been constituted? [M.P.P.C.S. (Pre.) 2022]

Correct Answer: (b) Article 338
Solution:Article 338 of the Constitution originally provided for the establishment of a Special Officer for Scheduled Tribes and Scheduled Castes (SCs and STs) to look into any issues pertaining to constitutional safeguards for the SCs and STs and to report to the President on their workings. Later, the 65 Constitutional Amendment Act of 1990, provided for the establishment of a high level multi-member National Commission for SCs and STs in the place of a single Special Officer for SCs and STs. Again, the 89 Constitutional Amendment Act of 2003, bifurcated the combined National Commission for SCs and STs into two separate bodies, namely, the National Commission for Scheduled Castes (under Article 338) and the National Commission for Scheduled Tribes (under Article 338-A).

13. Under which Article of the Constitution the Separate Scheduled Tribe Commission was established? [Uttarakhand P.C.S. (Pre) 2016]

Correct Answer: (c) 338-A
Solution:The National Commission for Scheduled Tribes was established by amending Article 338 and inserting a new Article 338A in the Constitution through the constitution (89th Amendment) Act, 2003.
  • The National Commission for the Scheduled Tribes (NCST) is a constitutional body in India.
  • It has been established with a view to provide safeguards against the exploitation of the Scheduled Tribes as well as to protect their social, economic, educational, and cultural interests.
  • The Headquarters of NCST is in New Delhi.

14. The total number of members other than the Chairperson and Vice-Chairperson of the National Commission for Scheduled Tribes is: [M.P. P.C.S. (Pre) 2023]

Correct Answer: (c) 3 Members
Solution:The National Commission for Scheduled Tribes was established by amending Article 338 and inserting a new Article 338A in the Constitution through the constitution (89th Amendment) Act, 2003.
  • It consists of a Chairperson, a Vice-Chairperson, and three other members.
  • They are appointed by the President by warrant under his hand and seal.
  • Their conditions of service and tenure of office are determined by the President.

15. Which of the following is/are constitutional body/ bodies? [Chhattisgarh P.C.S. (Pre) 2020]

(i) National Human Rights Commission

(ii) National Commission for Scheduled Tribes

(iii) National Investigation Agency

(iv) National Disaster Management Authority

Correct Answer: (c) Only (ii)
Solution:Formation of NCST National Commission for Scheduled Tribes (NCST) was set up on 19th February, 2004 by amending Article 338 and by inserting a new Article 338A through 89 Constitutional Amendment Act, 2003. Objective To oversee the implementation of various safe guards provided to STs under the constitution or under any other order to the government and to evaluate the working of such safeguards. Composition It comprises a chairperson, a vice-chair- person and three full-time member (including one female member).

16. Provision for the representation of Anglo-Indian Community in the Lok Sabha has been made in the Constitution under Article - [U.P.P.C.S. (Mains) 2015, U.P.P.C.S. (Pre) (Re. Exam) 2015, U.P.P.C.S.(Pre) 2013]

Correct Answer: (a) 331
Solution:In the question period, the provision for representation of the Anglo-Indian Community in the House of the People was made under Article 331 of the Constitution. According to Article 331- "Notwithstanding anything in Article 81, the President may, if he is of the opinion that the Anglo-Indian community is not adequately represented.

In the House of the People, nominate not more than two members of that community to the House of People (Lok Sabha). It is noteworthy that the arrangements of nominating the People representatives of the Anglo-Indian Community in the House of the People have not been extended beyond the stipulated date (25 January, 2020) by The Constitution (One Hundred and Fourth Amendment) Act, 2019. So, currently this arrangement has ended.

17. The provision for the representation of Anglo-Indian Community in the Lok Sabha has been made in the Constitution under which Article? [U.P. P.C.S. (Mains) 2017]

Correct Answer: (d) Art. 331
Solution:In the question period, the provision for representation of the Anglo-Indian Community in the House of the People was made under Article 331 of the Constitution. According to Article 331- "Notwithstanding anything in Article 81, the President may, if he is of the opinion that the Anglo-Indian community is not adequately represented.

In the House of the People, nominate not more than two members of that community to the House of People (Lok Sabha). It is noteworthy that the arrangements of nominating the People representatives of the Anglo-Indian Community in the House of the People have not been extended beyond the stipulated date (25 January, 2020) by The Constitution (One Hundred and Fourth Amendment) Act, 2019. So, currently this arrangement has ended.

18. Which of the following articles is related to the representation of Anglo-Indian community in the legislative assemblies of the states? [Jharkhand P.C.S. (Pre) 2021]

Correct Answer: (d) Article —333
Solution:

Article-333 of the Indian Constitution provides for the representation of the Anglo-Indian community in the legislative assemblies of the states. But the 104 CAA ceased the reservation of the seats for Anglo-Indians in Lok Sabha and State Legislative Assemblies.

  • Article 366: It defines Anglo-Indian as a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only.
  • Article 331: It states that the President can nominate two members of the Anglo-Indian community to the Lok Sabha if the community is not adequately represented.
  • Article 333: It states that the Governor of a State may if he is of the opinion that the Anglo Indian community needs representation in the Legislative Assembly of the State and is not adequately represented therein, nominate one member of that community to the Assembly.

19. Match List-I with List-II and select the correct answer using the code given below: [R.A.S.\R.T.S. (Pre) (Re Exam) 2013]

List -I (Human Rights Documents)List -II (Year)
A. The National Commission for Backward Classes Act(i) 1990
B. Child Labour (Prohibition and Regulation) Act(ii) 1995
C. Persons with Disabilities (Equal opportunities, Protection of Rights and full Participation) Act(iii) 1986
D. The National Commission for Minorities Act(iv) 1993

 

 

ABCD
(a)(ii)(i)(iv)(iii)
(b)(iv)(iii)(ii)(i)
(c)(ii)(i)(iii)(iv)
(d)(iii)(i)(iv)(ii)
Correct Answer: (b)
Solution:

The National Commission for Backward Classes Act came into force in the year 1993, Child Labour (Prohibition and Regulation) Act was passed in the year 1986, while the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act was implemented in the year 1995. The National Commission for Minorities Act came into force in the year 1992. Since the year 1992 is nowhere in the option, thus, no option can be correct. The nearest correct answer is in option (b).

20. Consider the following organizations/bodies in India: [I.A.S. (Pre.) 2023]

  1. The National Commission for Backward Classes
  2. The National Human Rights Commission
  3. The National Law Commission
  4. The National Consumer Disputes Redressal Commission

How many of the above are constitutional bodies?

Correct Answer: (a) Only one
Solution:

The National Commission for Backward Classes is a constitutional body under Article 338B of the Indian Constitution. It was established through a Constitution 102nd Amendment Act, 2018. It has the authority to examine complaints and welfare measures regarding socially and educationally backward classes. The Commission consists of five members including a Chairperson, Vice-Chairperson, and three other Members appointed by the President by warrant under his hand and seal. The National Human Rights Commission is a statutory body established under the Protection of Human Rights Act, 1993. The Law Commission of India is an executive body whose chief function is legal reforms in the country. The National Consumer Disputes Redressal Commission was established in 1988 under the Consumer Protection Act of 1986. It is a quasi-judicial body and statutory in nature.