CHAPTER 11
Summary Of Recommendations
Report of the National Commission to review the working of the constitution. Forfull text of the report, please click here.
Recommendation Nos. |
Fundamental Rights, Directive Principles and Fundamental Duties
(1) to (29)
Electoral Processes and Political Parties
(30) to (69)
Parliament and State Legislatures
(70) to (97)
Executive and Public Administration
(98) to (121)
The Judiciary
(122) to (149)
Union-State Relations
(150) to (175)
Decentralisation and Devolution
(176) to (213)
Pace of Socio-Economic Change and Development
(214) to (249)
CHAPTER 11
SUMMARY OF RECOMMENDATIONS
[Of the various recommendations, 58 recommendations involve amendmentto the Constitution, 86 involve legislative measures and the rest involveexecutive action.
Those recommendations which involve amendments to the Constitution are givenin italics]
Fundamental Rights
(1) In article 12 of the Constitution, the following Explanation should beadded:-
‘Explanation – In this article, the expression “other authorities”shall include any person in relation to such of its functions which are of apublic nature.’
[Para 3.5]
(2) In articles 15 and 16, prohibition against discrimination should beextended to “ethnic or social origin; political or other opinion; property orbirth”.
[Para 3.6]
(3) Article 19(1)(a) and (2) should be amended to read as follows:
“Art. 19(1): All citizens shall have the right -
(a) to freedom of speech and expression which shall include the freedom ofthe press and other media, the freedom to hold opinions and to seek, receive andimpart information and ideas.”
19(2): “Nothing in sub-clause (a) of clause (1) shall affect the operationof any existing law, or prevent the State from making any law, in so far as suchlaw imposes reasonable restrictions on the exercise of the right conferred bythe said sub-clause in the interests of the sovereignty and integrity of India,the security of the State, friendly relations with foreign States, public order,decency or morality, or in relation to contempt of court, defamation orincitement to an offence, or preventing the disclosure of information receivedin confidence except when required in public interest.”.
[Para 3.8.1]
(4) A Proviso to article 19(2) of the Constitution should be added asunder:-
“Provided that, in matters of contempt, it shall be open to the Court topermit a defence of justification by truth on satisfaction as to the bona fidesof the plea and it being in public interest.”.
[Paras 3.8.2 and 7.42]
(5) The existing article 21 may be re-numbered as clause (1) thereof, anda new clause (2) should be inserted thereafter on the following lines: -
“(2) No one shall be subjected to torture or to cruel, inhuman or degradingtreatment or punishment.”.
[Para 3.9]
(6) After clause (2) in article 21 as proposed in para 3.9, a new clause,namely, clause (3) should be added on the following lines:-
“(3) Every person who has been illegally deprived of his right to life orliberty shall have an enforceable right to compensation.”
[Para 3.10]
(7) After article 21, a new article, say article 21-A, should be insertedon the following lines:-
“21-A. (1) Every person shall have the right to leave the territory ofIndia and every citizen shall have the right to return to India.
(2) Nothing in clause (1) shall prevent the State from making any lawimposing reasonable restrictions in the interests of the sovereignty andintegrity of India, friendly relations of India with foreign States andinterests of the general public.”
[Para 3.11]
(8) A new article, namely, article 21-B, should be inserted on thefollowing lines:
“21-B. (1) Every person has a right to respect for his private and familylife, his home and his correspondence.
(2) Nothing in clause (1) shall prevent the State from making any lawimposing reasonable restrictions on the exercise of the right conferred byclause (1), in the interests of security of the State, public safety or for theprevention of disorder or crime, or for the protection of health or morals, orfor the protection of the rights and freedoms of others.”.
[Para 3.12]
(9) A new article, say article 21-C, may be added to make it obligatory onthe State to bring suitable legislation for ensuring the right to rural wageemployment for a minimum of eighty days in a year.
[Para 3.13.2]
(10) As regards article 22, the following changes should be made:-
(i) The first and second provisos and Explanation to article 22(4) ascontained in section 3 of the Constitution (44th Amendment) Act, 1978should be substituted by the following proviso and the said section 3 of the1978 Act as amended by the proposed legislation should be brought into forcewithin a period of not exceeding three months:-
“Provided that an Advisory Board shall consist of a Chairman and not lessthan two other members, and the Chairman and the other members of the Boardshall be serving judges of any High Court:
Provided further that nothing in this clause shall authorize the detention ofany person beyond a maximum period of six months as may be prescribed by any lawmade by Parliament under sub-clause (a) of clause (7).”.
(ii) In clause (7) of article 22 of the Constitution, in sub-clause (b), forthe words “the maximum period”, the words “the maximum period notexceeding six months” shall be substituted.
[Para 3.14.2]
(11) After article 30, the following article should be added as article30A:
“30-A: Access to Courts and Tribunals and speedy justice
(1) Everyone has a right to have any dispute that can be resolved by theapplication of law decided in a fair public hearing before an independent courtor, where appropriate, another independent and impartial tribunal or forum.
(2) The right to access to courts shall be deemed to include the right toreasonably speedy and effective justice in all matters before the courts,tribunals or other fora and the State shall take all reasonable steps to achievethe said object.”.
[Para 3.15.1]
(12) Article 39A in Part IV should be shifted to Part III as a new article30-B to read as under:-
“30-B. Equal justice and free legal aid: The State shall secure that theoperation of the legal system promotes justice, on a basis of equal opportunity,and shall, in particular, provide free legal aid, by suitable legislation orschemes or in any other way, to ensure that opportunities for securing justiceare not denied to any citizen by reason of economic or other disabilities.”.
[Para 3.15.2]
(13) Article 300-A should be recast as follows:-
“300-A. (1) Deprivation or acquisition of property shall be by authority oflaw and only for a public purpose.
(2) There shall be no arbitrary deprivation or acquisition of property:
Provided that no deprivation or acquisition of agricultural, forest andnon-urban homestead land belonging to or customarily used by the ScheduledCastes and the Scheduled Tribes shall take place except by authority of lawwhich provides for suitable rehabilitation scheme before taking possession ofsuch land.”
[Para 3.16.2]
(14) In article 31-B, the following proviso should be added at the end,namely:-
“Provided that the protection afforded by this article to Acts andRegulations which may be hereafter specified in the Ninth Schedule or any of theprovisions thereof, shall not apply unless such Acts or Regulations relate –
(a) in pith and substance to agrarian reforms or land reforms;
(b) to reasonable quantum of reservation under articles 15 and 16;
(c) to provisions for giving effect to the policy of the State towardssecuring all or any of the principles specified in clause (b) or clause (c) ofarticle 39.”
[Para 3.17]
(15) Clauses (1) and (1A) of article 359 should be amended by substitutingfor “(except articles 20 and 21)”, the following:-
“(except articles 17,20,21,23,24,25 and 32)”
[Para 3.18.2]
(16) The relevant provision in the Constitution (93rd Amendment) Bill,2001 making the right to education of children from 6 years till the completionof 14 years as a Fundamental Right should be amended and enlarged to read asunder:-
“30-C. Every child shall have the right to free education until hecompletes the age of fourteen years; and in the case of girls and members of theScheduled Castes and the Schedule Tribes until they complete the age of eighteenyears.”.
[Para 3.20.2]
(17) After article 24, the following article should be added:-
“Article 24A. Every child shall have the right to care and assistance inbasic needs and protection from all forms of neglect, harm and exploitation.”.
[Para 3.21.2]
(18) After the proposed article 30-C, the following article may be addedas article 30-D:-
“30-D. Right to safe drinking water, prevention of pollution, conservationof ecology and sustainable development. -
Every person shall have the right –
(a) to safe drinking water;
(b) to an environment that is not harmful to one’s health or well-being;and
(c) to have the environment protected, for the benefit of present and futuregenerations so as to –
(i) prevent pollution and ecological degradation;
(ii) promote conservation; and
(iii) secure ecologically sustainable development and use of naturalresources while promoting justifiable economic and social development.”.
[Para 3.22.3]
(19) Explanation II to article 25 should be omitted and sub-clause (b) ofclause (2) of that article should be reworded to read as follows:-
“(b) providing for social welfare and reform or the throwing open of Hindu,Sikh, Jaina or Buddhist religious institutions of a public character to allclasses and sections of these religions.”.
[Para 3.23.2]
(20) It shall be desirable that some optimum level of population with aview to take necessary action under this constitutional provision is prescribed.In article 347 of the Constitution, for the words “a substantial proportion ofthe population”, the words “not less than ten per cent of the population”should be substituted.
[Para 3.24]
(21) The Commission recommends that the heading of Part IV of theConstitution should be amended to read as “DIRECTIVE PRINCIPLES OF STATEPOLICY AND ACTION”.
[Para 3.26.3]
(22) A strategic Plan of Action should be initiated to create a large numberof employment opportunities in five years to realize and exploit the enormouspotential in creating such employment opportunities. The components of this planmay include:
(1) Improvement of productivity in agriculture that will activate a chain ofactivities towards increased income and employment opportunities.
(2) Integrated horticulture that will include production of fruits,vegetables and flowers, cut-flowers for export and medicinal plants as well asestablishment of bio-processing industries aimed primarily at value-addition ofagricultural products.
(3) Intensification of animal husbandry programs and production of qualitydairy products.
(4) Integrated Program of Intensive Aquaculture including use of commonproperty resources like village ponds and lakes.
(5) Afforestation and Wasteland Development to bring an additional 12 millionhectares under forest plantation and contribute to rural asset buildingactivity.
(6) Soil and Water Conservation to support afforestation and Natural ResourceConservation towards eco-friendly agriculture.
(7) Water Conservation and Tank Rehabilitation.
(8) Production and use of organic manures through vermiculture and otherimproved techniques and production of organic health foods from them.
[Para 3.27.3]
(23) The Commission recommends that an independent National EducationCommission should be set up every five years to report to Parliament on theprogress of the constitutional directive regarding compulsory education and onother aspects relevant to the knowledge society of the new century. The model ofthe Finance Commission may be usefully looked into.
[Para 3.31.3]
(24) After article 47, the following article should be added, namely:-
47A. “Control of population.- The State shall endeavour to secure controlof population by means of education and implementation of small family norms.”.
[Para 3.32]
(25) An inter-faith mechanism to promote such civil society initiativesshould be set up. This may be done under the auspices of the National HumanRights Commission set up under section 3 of the Protection of Human Rights Act,1993 which, inter alia, provides for the participation of “the Chairpersons ofthe National Commission for Minorities, the National Commission for ScheduledCastes and Scheduled Tribes and the National Commission for Women” who shallbe deemed to be the Members of the Commission for the discharge of functionsspecified in clauses (b) to (j) of the section 12 of the said Act. This bodycould, in addition to its other statutory functions, also function incollaboration with the National Foundation for Communal Harmony as a mechanismfor promotion of inter-religious harmony for inter alia overseeing theinstallation and working of “Mohalla Committees” and other civil society,initiatives in sensitive areas. With an appropriate statutory enablement by wayof enlargement of section 12 of the said Act, the purpose could be achievedwithout additional expenditure for setting up a separate mechanism. Section 12of the said Act with consequential amendments to section 3(3) could be amendedby the addition of clause (k), which shall read as under:
“(k) promoting through civil society initiatives, inter-faith andinter-religious harmony and social solidarity.”.
The Chairpersons of the National Commission for the Backward Classes and theNational Commission for Safai Karamcharis should be co-opted to this body.
[Para 3.34.2]
(26) There must be a body of high status which first reviews the state of thelevel of implementation of the Directive Principles and Economic, Social andCultural Rights and in particular (i) the right to work, (ii) the right tohealth, (iii) the right to food, clothing and shelter, (iv) Right to Educationup to and beyond the 14th year, and (v) the Right to Culture. The said body mustestimate the extent of resources required in each State under each of theseheads and make recommendations for allocation of adequate resources, from timeto time. For ensuring that the Directive Principles of State Policy are realizedmore effectively, the following procedure should be followed:-:-
(i) The Planning Commission should ensure that there is specialmention/emphasis in all the plans and schemes formulated by it, on theeffectuation/realization of the Directive Principles of State Policy.
(ii) Every Ministry/Department of the Government of India should make aspecial annual report indicating the extent of effectuation/realization of theDirective Principles of State Policy, the shortfall in the targets, the reasonsfor the shortfall, if any, and the remedial measures taken to ensure their fullrealization, during the year under report.
(iii) The report under item (ii) should be considered and discussed by theDepartment Related Parliamentary Standing Committee, which shall submit itsreport on the working of the Department indicating the achievements/failures ofthe Ministry/Department along with its recommendations thereto.
(iv) Both the Reports mentioned at items (ii) and (iii) above should bediscussed by the Planning Commission in an interactive seminar with therepresentatives of various NGOs, Civil Society Groups, etc. in which therepresentatives of the Ministry/Department and the Departmental RelatedParliamentary Standing Committee would also participate. The report of thisinteraction shall be submitted to the Parliament within a time bound manner.
(v) The Parliament should discuss the report at item (iv) above within aperiod of three months and pass a resolution about the action required to betaken by the Ministry/Department concerned.
A similar mechanism as mentioned above may be adopted by the States.
[Paras 3.35.2 and 3.35.3]
(27) The Report of the National Statistical Commission (2001) stresses theimportance of availability of adequate, credible and timely socio-economic datagenerated by the statistical system, both for policy formulation and formonitoring progress of the sectors of economy and pace of socio-economic change.The Commission endorses the recommendations of the National StatisticalCommission and stresses the importance of their implementation.
[Para 3.36]
(28) For effectuating Fundamental Duties, the following steps should betaken:-
(i) The first and foremost step required by the Union and State Governmentsis to sensitise the people and to create a general awareness of the provisionsof fundamental duties amongst the citizens on the lines recommended by theJustice Verma Committee on the subject. Consideration should be given to theways and means by which Fundamental Duties could be popularized and madeeffective;
(ii) Right to freedom of religion and other freedoms must be jealouslyguarded and rights of minorities and fellow citizens respected;
(iii) Reform of the whole process of education is an immediate but immenseneed, as is the need to free it from governmental or political control; it isonly through education that will power to adhere to our Fundamental Duties ascitizens can be inculcated;
(iv) Duty to vote at elections, actively participate in the democraticprocess of governance and to pay taxes should be included in article 51A; and
(v) The other recommendations of the Justice Verma Committee onoperationalisation of Fundamental Duties of Citizens should be implemented atthe earliest.
[Para 3.40.3]
(29) The following should also be incorporated as fundamental duties inarticle 51A of the Constitution -
(i) To foster a spirit of family values and responsible parenthood in thematter of education, physical and moral well-being of children.
(ii) Duty of industrial organizations to provide education to children oftheir employees.
[Para 3. 40.4]
(30) While some far-reaching reforms in the electoral processes arenecessary, no major constitutional amendment is required. The necessarycorrectives could be achieved by ordinary legislation modifying the existinglaws, or in many cases, merely by rules and executive action. A foolproof methodof preparing the electoral roll right at the Panchayat level constituency of avoter and supplementing it by a foolproof voter ID card which may in fact alsoserve as a multi-purpose citizenship card for all adults. A single exerciseshould be enough for preparing common electoral rolls and ID cards. The taskcould be entrusted to a qualified professional agency under the supervision ofthe Election Commission of India (EC) and in coordination with the SECs. Therolls should be updated constantly and periodically posted on the web site ofthe Election Commission and CDROMs should be available to all political partiesor anyone interested. Prior to elections, these rolls should be printed andpublicly displayed at the post offices in each constituency, as well as at thepanchayats or relevant constituency headquarters. These should be allowed to beinspected on payment of a nominal fee by anyone. Facilities should also beprovided to the members of the public at the post offices for submitting theirapplications for modification of the electoral rolls.
[Paras 4.7.3 and 4.8.3]
(31) Introduction of Electronic Voting Machines (EVMs) in all constituenciesall over the country for all elections as rapidly as possible.
[Para 4.9]
(32) Under section 58A of the Representation of the People Act, 1951, theElection Commission should be authorised to take a decision regarding boothcapturing on the report of the returning officers, observers or citizen groups.Also, the EC should be empowered to countermand the election and order a freshelection or to declare the earlier poll to be void and order a re-poll in theentire constituency. Further, the EC should consider the use of tamper-proofvideo and other electronic surveillance at sensitive polling stations/constituencies.
[Para 4.10]
(33) Any election campaigning on the basis of caste or religion and anyattempt to spread caste and communal hatred during elections should bepunishable with mandatory imprisonment. If such acts are done at the instance ofthe candidate or by his election agents, these would be punishable withdisqualification.
[Para 4.11]
(34) The Representation of the People Act should be amended to provide thatany person charged with any offence punishable with imprisonment for a maximumterm of five years or more, should be disqualified for being chosen as or forbeing a member of Parliament or Legislature of a State on the expiry of a periodof one year from the date the charges were framed against him by the court inthat offence and unless cleared during that one year period, he shall continueto remain so disqualified till the conclusion of the trial for that offence. Incase a person is convicted of any offence by a court of law and sentenced toimprisonment for six months or more the bar should apply during the period underwhich the convicted person is undergoing the sentence and for a further periodof six years after the completion of the period of the sentence. If anycandidate violates this provision, he should be disqualified. Also, if a partyputs up such a candidate with knowledge of his antecedents, it should bederecognised and deregistered.
[Para 4.12.2]
(35) Any person convicted for any heinous crime like murder, rape, smuggling,dacoity, etc. should be permanently debarred from contesting for any politicaloffice.
[Para 4.12.3]
(36) Criminal cases against politicians pending before Courts either fortrial or in appeal must be disposed off speedily, if necessary, by appointingSpecial Courts.
[Para 4.12.4]
(37) A potential candidate against whom the police have framed charges maytake the matter to the Special Court. This court should be obliged to enquireinto and take a decision in a strictly time bound manner. Basically, this courtmay decide whether there is indeed a prima facie case justifying the framing ofcharges.
[Para 4.12.5]
(38) The Special Courts should be constituted at the level of High Courts andtheir decisions should be appealable to the Supreme Court only (in similar wayas the decisions of the National Environment Tribunal). The Special Courtsshould decide the cases within a period of six months. For deciding the cases,these Courts should take evidence through Commissioners.
[Para 4.12.6]
(39) The benefit of sub-section (4) of section 8 of the Representation of thePeople Act, 1951 should be available only for the continuance in office by asitting Member of Parliament or a State Legislature. The Commission recommendsthat the aforesaid provision should be suitably amended providing that thisbenefit shall not be available for the purpose of his contesting freshelections.
[Para 4.12.7]
(40) The proposed provision laying down that a person charged with an offencepunishable with imprisonment for a maximum period of five years or more shouldbe disqualified from contesting elections after the expiry of a period of oneyear from the date the charges were framed in a court of law should equally beapplicable to sitting members of Parliament and State Legislatures as to anyother such person.
[Para 4.12.8]
(41) In matters of disqualification on grounds of corrupt practices, thePresident should determine the period of disqualification under section 8A ofthe Representation of the People Act, 1951 on the direct opinion of the EC andavoid the delay currently experienced. This can be done by resorting to theposition prevailing before the 1975 amendment to the said Act.
[Para 4.13.1]
(42) The election petitions should also be decided by special courts proposedin para 4.12.6. In the alternative, special election benches may be constitutedin the High Courts and earmarked exclusively for the disposal of electionpetitions and election disputes.
[Para 4.13.2]
(43) The existing ceiling on election expenses for the various legislativebodies be suitably raised to a reasonable level reflecting the increasing costs.However, this ceiling should be fixed by the Election Commission from time totime and should include all the expenses by the candidate as well as by hispolitical party or his friends and his well-wishers and any other expensesincurred in any political activity on behalf of the candidate by an individualor a corporate entity. Such a provision should be the part of a legislationregulating political funding in India. Further, Explanation 1 to section 77(1)of the Representation of the People Act, 1951 should be deleted.
[Para 4.14.2]
(44) The political parties as well as individual candidates should be madesubject to a proper statutory audit of the amounts they spend. These accountsshould be monitored through a system of checking and cross-checking through theincome-tax returns filed by the candidates, parties and their well-wishers. Atthe end of the election each candidate should submit an audited statement ofexpenses under specific heads.
[Para 4.14.2]
(45) Every candidate at the time of election must declare his assets andliabilities along with those of his close relatives. Every holder of a politicalposition must declare his assets and liabilities along with those of his closerelations annually. Law should define the term 'close relatives'.
[Para 4.14.5]
(46) Any system of State funding of elections bears a close nexus to theregulation of working of political parties by law and to the creation of afoolproof mechanism under law with a view to implementing the financial limitsstrictly. Therefore, proposals for State funding should be deferred till theseregulatory mechanisms are firmly in position.
[Para 4.14.5]
(47) All candidates should be required under law to declare their assets andliabilities by an affidavit and the details so given by them should be madepublic. Further, as a follow up action, the particulars of the assets andliabilities so given should be audited by a special authority createdspecifically under law for the purpose. Again, the legislators should berequired under law for the purpose. Again, the legislators should be requiredunder law to submit their returns about their liabilities every year and a finalstatement in this regard at the end of their term of office.
[Para 4.14.6]
(48) Campaign period should be reduced considerably.
[Para 4.15.4]
(49) Candidates should not be allowed to contest election simultaneously forthe same office from more than one constituency.
[Para 4.15.5]
(50) The election code of conduct, which should come into operation as soonas the elections are announced, should be given the sanctity of law and itsviolation should attract penal action.
[Para 4.15.6]
(51) The Commission while recognizing the beneficial potential of the systemof run off contest electing the representative winning on the basis of 50% plusone vote polled, as against the first-past-the-post system, for a morerepresentative democracy, recommends that the Government and the ElectionCommission of India should examine this issue of prescribing a minimum of 50%plus one vote for election in all its aspects, consult various politicalparties, and other interests that might consider themselves affected by thischange and evaluate the acceptability and benefits of this system. TheCommission recommends a careful and full examination of this issue by theGovernment and the Election Commission of India.
[Para 4.16.6]
(52) Intra-State delimitation exercise may be undertaken by the ElectionCommission for Lok Sabha and Assembly constituencies and the Scheduled Castesand Non-Scheduled Area Scheduled Tribe seats should be rotated. The DelimitationBody should, however, reflect the plural composition of society.
[Para 4.17]
(53) The provisions of the Tenth Schedule of the Constitution should beamended specifically to provide that all persons defecting - whetherindividually or in groups - from the party or the alliance of parties, on whoseticket they had been elected, must resign from their parliamentary or assemblyseats and must contest fresh elections. In other words, they should losetheir membership and the protection under the provision of split, etc. should bescrapped. The defectors should also be debarred to hold any public office of aminister or any other remunerative political post for at least the duration ofthe remaining term of the existing legislature or until, the next freshelections whichever is earlier. The vote cast by a defector to topple agovernment should be treated as invalid. Further, the power to decide questionsas to disqualification on ground of defection should vest in the ElectionCommission instead of in the Chairman or Speaker of the House concerned.
[Para 4.18.2]
(54) The practice of having oversized Council of Ministers should beprohibited by law. A ceiling on the number of Ministers in any State or theUnion government be fixed at the maximum of 10% of the total strength of thepopular house of the legislature.
[Para 4.19]
(55) The practice of creating a number of political offices with theposition, perks and privileges of a minister should be discouraged and at allevents, their number should be limited to two per cent of the total strength ofthe lower house.
[Para 4.19]
(56) Independent candidates should be discouraged and only those who have atrack record of having won any local election or who are nominated by at leasttwenty elected members of Panchayats, Municipalities or other local bodiesspread out in majority of electoral districts in their constituency should beallowed to contest for Assembly or Parliament.
[Para 4.20.3]
(57) In order to check the proliferation of the number of independentcandidates and the malpractices that enter into the election process because ofthe influx of the independent candidates, the existing security deposits inrespect of independent candidates may be doubled. Further, it should be doubledprogressively every year for those independents who fail to win and still keepcontesting elections. If any independent candidate has failed to get at leastfive percent of the total number of votes cast in his constituency, he/sheshould not be allowed to contest as independent candidate for the same officeagain at least for 6 years.
[Para 4.20.4]
(58) An independent candidate who loses election three times consecutivelyfor the same office as such candidate should be permanently debarred fromcontesting election to that office.
[Para 4.20.5]
(59) The minimum number of valid votes polled should be increased to 25% fromthe current 16.67% as a condition for the deposit not being forfeited. Thiswould further reduce the number of non-serious candidates.
[Para 4.20.6]
(60) It should be possible without any constitutional amendment to providefor the election of the Leader of the House (Lok Sabha/State Assembly) alongwith the election of the Speaker and in like manner under the Rules ofProcedure. The person so elected may be appointed the Prime Minister/ChiefMinister.
[Para 4.20.7]
(61) The issue of eligibility of non-Indian born citizens or those whoseparents or grandparents were citizens of India to hold high offices in the realmsuch as President, Vice-President, Prime Minister and Chief Justice of Indiashould be examined in depth through a political process after a nationaldialogue.
[Para 4.21]
(62) The Chief Election Commissioner and the other Election Commissionersshould be appointed on the recommendation of a body consisting of the PrimeMinister, Leader of the Opposition in the Lok Sabha, Leader of the Opposition inthe Rajya Sabha, the Speaker of the Lok Sabha and the Deputy Chairman of theRajya Sabha. Similar procedure should be adopted in the case of appointment ofState Election Commissioners.
[Para 4.22]
(63) All candidates should be required to clear government dues before theircandidature are accepted. This pertains to payment of taxes and bills andunauthorised occupation of accommodation and availing of telephones and othergovernment facilities to which they are no longer entitled. The fact thatmatters regarding Government dues in respect of the candidate are pending beforea Court of Law should be no excuse.
[Para 4.23]
(64) In order to obviate the uncertainty in identifying certain offices asoffices of profit or not, suitable amendments should be made in theConstitution empowering the Election Commission of India to identify anddeclare the various offices under the Government of India or of a State to be‘offices of profit’ for the purposes of being chosen, and for being, amember of the appropriate legislature.
[Para 4.24.3]
(65) A comprehensive law regulating the registration and functioning ofpolitical parties or alliances of parties in India [may be named as thePolitical Parties (Registration and Regulation) Act] should be made. Theproposed law should -
(a) provide that political party or alliance should, in its Memoranda ofAssociation, Rules and Regulations provide for its doors being open to allcitizens irrespective of any distinctions of caste, community or the like. Itshould swear allegiance to the provisions of the Constitution and to thesovereignty and integrity of the nation, regular elections at an interval ofthree years at its various levels of the party, reservation/ representation ofat least 30 per cent, of its organizational positions at various levels and thesame percentage of party tickets for parliamentary and State legislature seatsto women. Failure to do so should invite the penalty of the party losingrecognition.
(b) make it compulsory for the parties to maintain accounts of the receipt offunds and expenditure in a systematic and regular way. The form of accounts ofreceipt and expenditure and declaration about the sources of funds may beprescribed by an independent body of Accounts & Audit experts, created underthe proposed Act. The accounts should also be compulsorily audited by the sameindependent body, created under the legislation which should also prepare areport on the financial status of the political party which along with theaudited accounts should be open and available to public for study andinspection.
(c) make it compulsory for the political parties requiring their candidatesto declare their assets and liabilities at the time of filing their nominationbefore the returning officers for election to any office at any level ofgovernment.
(d) provide that no political party should sponsor or provide ticket to acandidate for contesting elections if he was convicted by any court for anycriminal offence or if the courts have framed criminal charges against him.
(e) specifically provide that if any party violates the provision mentionedat sub-para (d) above, the candidate involved should be liable to bedisqualified and the party deregistered and derecognised forthwith.
[Paras 4.30.1, 4.30.3, 4.30.4, 4.30.5 and 4.34]
(66) The Election Commission should progressively increase the thresholdcriterion for eligibility for recognition so that the proliferation of smallerpolitical parties is discouraged. Only parties or a pre-poll alliance ofpolitical parties registered as national parties or alliances with the ElectionCommission be allotted a common symbol to contest elections for the Lok Sabha.State parties may be allotted symbols to contest elections for Statelegislatures and the Council of States (Rajya Sabha).
[Para 4.31.2]
(67) In a situation where no single political party or pre-poll alliance ofparties succeeds in securing a clear majority in the Lok Sabha after elections,the Rules of Procedure and Conduct of Business in Lok Sabha may provide for theelection of the Leader of the House by the Lok Sabha along with the election ofthe Speaker and in the like manner. The Leader may then be appointed as thePrime Minister. The same procedure may be followed for the office of the ChiefMinister in the State concerned.
[Para 4.33.2]
(68) An amendment in the Rules of Procedure of the Legislatures for adoptionof a system of constructive vote of no confidence should be made. For a motionof no-confidence to be brought out against a government at least 20% of thetotal number of members of the House should give notice. Also, the motion shouldbe accompanied by a proposal of alternative Leader to be voted simultaneously.
[Para 4.33.3]
(69) A comprehensive legislation providing for regulation of contributions tothe political parties and towards election expenses should be enacted byconsolidating such laws. This new law should –
(a) aim at bringing transparency into political funding;
(b) permit corporate donations within higher prescribed limits and keep themtransparent;
(c) make all legal and transparent donations up to a specified limit taxexempt and treat this tax loss to the state as its contribution to state fundingof elections;
(d) contain provisions for making both donors and donees of political fundsaccountable. The Government should encourage the corporate bodies and agenciesto establish an electoral trust which should be able to finance politicalparties on an equitable basis at the time of elections;
(e) provide that audited political party accounts like the accounts of apublic limited company should be published yearly with full disclosures underpredetermined account heads; and
(f) provide for immediate de-recognition of the party and enforcement ofpenalties for filing false or incorrect election returns.
[Paras 4.35.2, 4.35.3, 4.35.4 and 4.36]
(70) The presiding officers, the minister for parliamentary affairs, and thechief whips of parties should periodically meet to review the work of thedepartmental parliamentary committees and take remedial action. It should beentirely possible for the Parliament to sanction budgets to secure the servicesof specialist advisors to assist these committees in conducting their inquiries,holding public hearings, collecting data about legislation and administrativedetails pertaining to countries which have relevance to the Indian conditions.
[Para 5.6.3]
(71) Immediate steps be taken to set up a Nodal Standing Committee onNational Economy with adequate resources in terms of both in house and advisoryexpertise, data gathering and computing and research facilities for an ongoinganalysis of the national economy for assisting the members of the Committee toreport on a periodic basis to the full House.
[Para 5.7]
(72) The Parliament should be associated with the initial stage itself in thematter of formulating proposals for constitutional amendment. The actualdrafting should be taken up only after the principles underlying the amendmenthave been thoroughly considered in a parliamentary forum and subjected to apriori scrutiny by the constituent power. A Standing Constitution Committee ofthe two Houses of Parliament for a priori scrutiny of amendment proposalsshould be set up.
[Paras 5.8.2 and 5.8.3]
(73) With the proposed establishment of three new Committees, namely, theConstitution Committee, the Committee on National Economy and the Committee onLegislation, the existing Committees on Estimates, Public Undertakings andSubordinate Legislation may not be continued.
[Para 5.9.1]
(74) The Petitions Committee of Parliament has tremendous potential as asupplement to the proposed Lok Pal institution. It should be made more widelyknown and used for ventilation, investigation and redressal of people'sgrievances against the administration.
[Para 5.9.2]
(75) Major reports of all Parliamentary Committees ought to be discussed bythe Houses of Parliament especially where there is disagreement between aParliamentary Committee and the Government.
[Para 5.9.3]
(76) For a more systematic approach to the planning of legislation, thefollowing steps should be taken:-
(a) Adequate time for consideration of Bills in committees and on the floorof the Houses as also to subject the drafts to thorough and rigorous examinationby experts and laymen alike should be provided.
(b) All major social and economic legislation should be circulated for publicdiscussion by professional bodies, business organisations, trade unions,academics and other interested persons.
(c) The functions of the Parliamentary and Legal Affairs Committee of theCabinet should be streamlined;
(d) More focussed use of the Law Commission should be made;
(e) A new Legislation Committee of Parliament to oversee and coordinatelegislative planning should be constituted; and
(f) All Bills should be referred to the Departmental Related ParliamentaryStanding Committees for consideration and scrutiny after public opinion has beenelicited and all comments, suggestions and memoranda are in. The Committees mayschedule public hearings, if necessary, and finalise with the help of expertsthe second reading stage in the relaxed Committee atmosphere. The time of theHouse will be saved thereby without impinging on any of its rights. The qualityof drafting and the content of legislation will necessarily be improved as aresult of following these steps.
[Paras 5.10.1 and 5.10.2]
(77) The Parliament may consider enacting suitable legislation to control andregulate the treaty-power of the Union Government whenever appropriate andnecessary after consulting the State Governments and Legislatures under article253 “for giving effect to international agreements”.
[Para 5.10.3]
(78) The Parliamentarians have to be like Caesar's wife, above suspicion.They must voluntarily place themselves open to public scrutiny through aparliamentary ombudsman. Supplemented by a code of ethics which has been underdiscussion for a long time, it would place Parliament on the high pedestal ofpeople's affection and regard.
[Para 5.11.1]
(79) Mass media should be encouraged to accurately reflect the reality ofParliament’s working and the functioning of Parliamentarians in the Houses.Televising all important debates nationwide in addition to the Question Hours,publication of monographs, handouts, radio, TV, press interviews, use ofaudio-visual techniques, especially to arouse curiosity and interest of theyounger generation, and regular briefing of the press will go a long way inmaking people better acquainted with the important national work that is beingdone inside the historic parliament building.
[Para 5.11.2]
(80) It is a legitimate public expectation that membership of Legislaturesshould not be converted into an office of lucrative gain but remain an office ofservice. The question of salaries, allowances, perks and pensions of lawmakersshould be looked into on a rational basis and healthy conventions built.
[Para 5.11.3]
(81) The Parliament and the State Legislatures should assemble and transactbusiness for not less than a minimum number of days. The Houses of StateLegislatures with less than 70 members should meet for at least 50 days in ayear and other Houses for at least 90 days while the minimum number of days forsittings of Rajya Sabha and Lok Sabha should be fixed at 100 and 120 daysrespectively.
[Para 5.11.4]
(82) In order to maintain basic federal character of the Rajya Sabha, thedomiciliary requirement for eligibility to contest elections to Rajya Sabha fromthe concerned State is essential. This should be maintained.
[Para 5.11.5]
(83) Better and more institutionalized arrangements are necessary to providethe much-needed professional orientation to newly elected members. The emphasisshould be on imparting practical knowledge on how to be an effective member.
[Para 5.12]
(84) The findings and recommendations of the Public Accounts Committees(PACs) should be accorded greater weight. A convention should be developed withthe cooperation of all major parties represented in the legislature to treat thePACs as the conscience-keepers of the nation in financial matters.
[Para 5.13]
(85) Union Government should take necessary steps for the early enactment ofthe Fiscal Responsibility Bill pending before Parliament. The State Assembliesshould enact similar legislation as provided for in article 293 to put theirrespective fiscal houses in order.
[Para 5.14]
(86) The privileges of legislators should be defined and delimited for thefree and independent functioning of Parliament and State Legislatures. It shouldnot be necessary to run to the 1950 position in the House of Commons every timea question arises as to what kind of legal protection or immunity a Member hasin relation to his or her work in the House.
[Para 5.15.3]
(87) Article 105(2) may be amended to clarify that the immunity enjoyed byMembers of Parliament under parliamentary privileges does not cover corrupt actscommitted by them in connection with their duties in the House or otherwise.Corrupt acts would include accepting money or any other valuable considerationto speak and/or vote in a particular manner. For such acts, they would be liablefor action under the ordinary law of the land. It may be further provided thatno court will take cognisance of any offence arising out of a Member's action inthe House without prior sanction of the Speaker or the Chairman, as the case maybe. Article 194(2) may also be similarly amended in relation to the Membersof State Legislatures.
[Para 5.15.6]
(88) An Audit Board should be constituted for better discharge of the vitalfunction of public audit, but the number of members to be appointed, the mannerof their appointment and removal and other related matters should be dealt withby appropriate legislation, keeping in view the need for ensuring independentfunctioning of the Board.
[Para 5.16.2]
(89) Though no specific change is needed in the existing provisions of theConstitution insofar as appointment of the Comptroller and Audit General ofIndia (C&AG) and other related matters are concerned, yet a healthyconvention be developed to consult the Speaker of the Lok Sabha, before theGovernment decides on the appointment of the C&AG so that the views of thePublic Accounts Committee are also taken into account.
[Para 5.16.3]
(90) The considerations that apply at the Union level in regard to thefunctioning of the office of C&AG should apply with equal force at the Statelevel. The State Accountants General (AGs) should be given greater authority bythe C&AG, while maintaining its general superintendence, direction andcontrol to bring about a broad uniformity of approach in the sphere of financialdiscipline. The C&AG should evolve accounting policies and standards andnorms for all bodies and entities that receive public funds, such as autonomousbodies and the Panchayat Raj institutions.
[Para 5.16.4]
(91) The operations of the office of the C&AG itself should be subject toscrutiny by an independent body. To fulfil the canons of accountability, asystem of external audit of C&AG's organization should be adopted for boththe Union and the State level organizations.
[Para 5.17]
(92) The MP LAD Scheme, as being inconsistent with the spirit of theConstitution in many ways, should be discontinued immediately.
[Para 5.19.2]
(93) Legislation envisaged in article 98(2) should be undertaken toreorganise the Secretariats as independent and impartial instruments ofParliament, with special emphasis on upgrading professional competence.
[Para 5.20.1]
(94) It would be useful to reform the budgetary procedure for streamliningthe work of Parliament.
[Para 5.21.2]
(95) The number of days on which voting is considered essential should bereduced to the barest minimum and the time for such voting in a given session befixed in advance with appropriate whips requiring full attendance of members.
[Para 5.21.3]
(96) In order to ensure better scrutiny of administration and accountabilityto Parliament, parliamentary time in the two houses may be suitably dividedbetween the government and the opposition.
[Para 5.21.4]
(97) The best way to deal with issues of procedural reforms in a professional(and not political) manner is to have them studied by a Study Group outsideParliament as was done in U.K. The conclusions and suggestions of the Group canbe considered by the Rules Committees of the houses of Parliament. Accordingly,a Study Group outside Parliament for study of Parliament should be set up.
[Para 5.21.5]
(98) While improving the nature and institutional response of administrationto the challenges of democracy is imperative, the system can deliver the goodsonly through devolution, decentralisation and democratisation thereby narrowingthe gap between the base of the polity and the super structure.
[Para 6.2.8]
(99) District should be considered as a basic unit of planning fordevelopment. Functions, finances, and functionaries relating to the developmentprogrammes would have to be placed under the direct supervision and command ofelected bodies at the district levels of operation to give content and substanceto such programmes of development and public welfare. This would, to asubstantial degree, correct the existing distortions and make officials directlyanswerable to the people to ensure proper implementation of developmentprogrammes under the direct scrutiny of people.
[Para 6.4.1]
(100) India should move to a system where the State guarantees the title toland after carrying out extensive land surveys and computerizing the landrecords. It will take some time but the results would be beneficial forinvestment in land. This will be a major step forward in revitalizing landadministration in the country as it would enable Right to access, Right to useand Right to enforce decisions regarding land. Similar rationalization ofrecords relating to individuals rights in properties other than privately heldlands (which are held in common) would improve operational efficiency which leftunattended foment unrest. A coherent public policy addressed to the modernmethods of management would contribute to better use of assets and raise dynamicforces of individual creativity. Run away expansion in bureaucratic apparatus ofthe State would also get curtailed by new management system.
[Para 6.4.2]
(101) Energetic efforts should be made to establish a pattern of cooperativerelationship between the State and associations, NGOs and other voluntary bodiesto launch a concerted effort to regenerate the springs of progressive socialchange. State and civil society are not to be treated antithical butcomplementary.
[Para 6.5.4]
(102) The questions of personnel policy including placements, promotions,transfers and fast-track advancements on the basis of forward-looking careermanagement policies and techniques should be managed by autonomous PersonnelBoards for assisting the high level political authorities in making keydecisions. Such Civil Service Boards should be constituted under statutoryprovisions. They should be expected to function like the UPSC. The sanctity ofparliamentary legislation under article 309 is needed to counteract the publiclyknown trends of the play of unhealthy and destabilizing influences in themanagement of public services in general and higher civil services inparticular.
[Para 6.7.1]
(103) Above a certain level--say the Joint Secretary level - all posts shouldbe open for recruitment from a wide variety of sources including the openmarket. Government should specialize some of the generalists and generalize someof the specialists through proper career management which has to be freed fromday to day political manipulation and influence peddling.
[Para 6.7.2]
(104) Social audit of official working should be done for developingaccountability and answerability. Officials, before starting their career, inaddition to the taking of an oath of loyalty to the Constitution, should swearto abide by the basic principles of good governance. This would give renewedsense of commitment by the executives to the basic tenets of the Constitution.
[Para 6.7.3]
(105) The services have remained largely immune from imposition of penaltiesdue to the complicated procedures that have grown out of the constitutionalguarantee against arbitrary and vindictive action (article 311). Theconstitutional safeguards have in practice acted to shield the guilty againstswift and certain punishment for abuse of public office for private gain. Amajor corollary has been erosion of accountability. It has accordingly becomenecessary to re-visit the issue of constitutional safeguards under article 311to ensure that the honest and efficient officials are given the requisiteprotection but the dishonest are not allowed to prosper in office. Acomprehensive examination of the entire corpus of administrative jurisprudencehas to be undertaken to rationalize and simplify the procedure ofadministrative and legal action and to bring the theory and practice ofsecurity of tenure in line with the experience of the last more than 50 years.
[Para 6.7.4]
(106) The civil service regulations need to be changed radically in the lightof contemporary administrative theory to introduce modern evaluationmethodology.
[Para 6.7.5]
(107) The administrative structure and systems have to be consciouslyredesigned to give appropriate recognition to the professional and technicalservices so that they may play their due role in modernizing our economy andsociety. The specialist should not be required to play second fiddle to thegeneralist at the top. Conceptually we need to develop a collegiate style ofadministrative management where the leader is an energizer and a facilitator,and not an oracle delivering verdicts from a high pedestal.
[Para 6.7.6]
(108) A parliamentary legislation under article 312(1) should be enacted. Itshould be debated in professional circles as well as by the general public.
[Para 6.7.7]
(109) Right to information should be guaranteed and needs to be given realsubstance. In this regard, government must assume a major responsibility andmobilize skills to ensure flow of information to citizens. The traditionalinsistence on secrecy should be discarded. In fact, we should have an oath oftransparency in place of an oath of secrecy. Administration should becometransparent and participatory. Right to information can usher in many benefits,such as speedy disposal of cases, minimizing manipulative and dilatory tacticsof the babudom, and, last but most importantly, putting a considerable check ongraft and corruption.
[Para 6.10]
(110) The Union Government should take steps to move the Parliament for earlyenactment of the Freedom of Information Legislation. It will be a major stepforward in strengthening the values of a free and democratic society.
[Para 6.11]
(111) To remain actively involved in new development programmes the peoplewould also need the support of well organized, well prepared, knowledge-orientedpersonnel and well thought out policies. Think tanks and organized intellectualgroups would have to be promoted through state funding, etc. without abridgingtheir autonomy.
[Para 6.12]
(112) The structural problems of foreign policy would be to constantly aim atmaking the best possible use of the international order and use it to ouradvantage. In the country’s governance, the duality of foreign and domesticpolicy should end. The two should not be antithetical. A serious effort isrequired to combine the two to recast relations and launch a creative initiativeto achieve strategic partnerships the world over on the principles ofinter-dependence without domestic interests being relegated to the background.This calls for a thorough change in the form, working and structuring of ForeignAffairs mechanisms including the External Affairs Ministry. Foreign policyimplementation calls for cutting through the mind-set of a generation.
[Para 6.14]
(113) One of the measures adopted in several western countries to fightcorruption and mal-administration is enactment of Public Interest DisclosureActs which are popularly called the Whistle-blower Acts. Similar law may beenacted in India also. The Act must ensure that the informants are protectedagainst retribution and any form of discrimination for reporting what theyperceived to be wrong-doing, i.e., for bona fide disclosures which mayultimately turn out to be not entirely or substantially true.
[Para 6.16.3]
(114) The Government should examine the proposal for enacting a comprehensivelaw to provide that where public servants cause loss to the State by their malafide actions or omissions, they would be made liable to make good the losscaused and, in addition, would be liable for damages.
[Para 6.17]
(115) The Union Government should frame rules, without further loss of time,under Section 8 of the Benami Transactions (Prohibition) Act, 1988 for acquiringbenami property. Further, a law should be enacted to provide for forfeiture ofbenami property of corrupt public servants as well as non-public servants.
[Para 6.19]
(116) The Government should examine enacting a law for confiscation ofillegally acquired assets on the lines suggested by the Supreme Court in DelhiDevelopment Authority vs. Skipper Construction Co. (P) Ltd. (AIR 1996SC 2005). There is no need to set up an additional independent Authority todetermine this issue of confiscation. The Tribunal constituted under theSmugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act,(SAFEMA) 1976, which could deal with similar situation arising out of otherstatutes may be conferred additional jurisdiction to determine cases ofconfiscation arising out of the Benami Transactions (Prohibition) Act, 1988 andthe Prevention of Corruption Act, 1988, (as may be amended) and otherlegislations which empower confiscation of illegally acquired assets. Tribunalwill exercise distinct and separate jurisdictions under separate statutes.
[Para 6.20.2]
(117) The Prevention of Corruption Act, 1988 should be amended to provide forconfiscation of the property of a public servant who is found to be inpossession of property disproportionate to his/her known sources of income andis convicted for the said offence. In this case, the law should shift the burdenof proof to the public servant who was convicted. In other words, thepresumption should be that the disproportionate assets found in possession ofthe convicted public servant were acquired by him by corrupt or illegal means. Aproof of preponderance of probability shall be sufficient for confiscation ofthe property. The law should lay down that the standard of proof in determiningwhether a person has been benefited from an offence and for determining theamount in which a confiscation order is to be made, is that which is applicableto civil cases, i.e. a mere preponderance of probability only. A useful analogymay be seen in Section 2(8) of the Drug Trafficking Act 1994 in United Kingdom.
[Para 6.20.3]
(118) The Constitution should provide for appointment of Lok Pal. ThePrime Minister should be kept out of the purview of the Lok Pal.
[Para 6.21.1]
(119) The Union Government should take steps for early enactment of theCentral Vigilance Commission Bill, already introduced in Parliament.
[Para 6.22]
(120) The Constitution should contain a provision obliging the States toestablish the institution of Lokayuktas in their respective jurisdictions inaccordance with the legislation of the appropriate legislatures.
[Para 6.23.2]
(121) When once a Commission of Inquiry is constituted under the Commissionsof Inquiry Act, 1952 or otherwise, the Government should consult the Chairpersonof the Commission in respect of time required for completion / finalisation ofthe report. Once such a time is specified, the Commission should adhere to it.The Action Taken Report on the report should be announced by the Governmentwithin a period of three months from the date of submission of the report.
[Para 6.24.2]
(122) In the matter of appointment of Judges of the Supreme Court, it wouldbe worthwhile to have a participatory mode with the participation of both theexecutive and the judiciary in making recommendations. The composition of theCollegium gives due importance to and provides for the effective participationof both the executive and the judicial wings of the State as an integratedscheme for the machinery for appointment of judges. A National JudicialCommission under the Constitution should be established.
The National Judicial Commission for appointment of judges of the SupremeCourt shall comprise of:
(1) The Chief Justice of India : Chairman
(2) Two senior most judges of the Supreme Court: Member
(3) The Union Minister for Law and Justice : Member
(4) One eminent person nominated by the President after consulting the Chief Justice of India: Member
The establishment of a National Judicial Commission and its composition areto be treated as integral in view of the need to preserve the independence ofthe judiciary.
[Para 7.3.7]
(123) A committee comprising the Chief Justice of India and two senior-mostJudges of the Supreme Court will comprise the committee of the National JudicialCommission exclusively empowered to examine complaints of deviant behaviour ofall kinds and complaints of misbehaviour and incapacity against judges of TheSupreme Court and the High Courts. If the committee finds that the matter isserious enough to call for a fuller investigation or inquiry, it shall refer thematter for a full inquiry to the committee [constituted under the Judges’(Inquiry) Act, 1968]. The committee under the Judges Inquiry Act shall be apermanent committee with a fixed tenure with composition indicated in the saidAct and not one constituted ad-hoc for a particular case or from case to case,as is the present position under section 3(2) of the Act. The tenure of theinquiry committee shall be for a period of four years and to be re-constitutedevery four years. The inquiry committee shall be constituted by the President inconsultation with the Chief Justice of India. The inquiry committee shallinquire into and report on the allegation against the Judge in accordance withthe procedure prescribed by the said Act, i.e. in accordance with thesub-sections (3) to (8) of Section 3 and sub-section (1) of Section 4 of thesaid Act and submit their report to the Chief Justice of India, who shall placebefore a committee of seven senior-most judges of the Supreme Court. TheCommittee of seven Judges shall take a decision as to - whether (a) findings ofthe inquiry committee are proper and (b) any charge or charges are establishedagainst the judge and if so, whether the charges held proved are so serious asto call for his removal (i.e. proved misbehaviour) or whether it should besufficient to administer a warning to him and/or make other directions withrespect to allotment of work to him by the concerned Chief Justice or totransfer him to some other court (i.e. deviant behaviour not amounting tomisbehaviour). If the decision of the said committee of judges recommends theremoval of the Judge, it shall be a convention that the judge promptly demitsoffice himself. If he fails to do so, the matter will be processed for beingplaced before Parliament in accordance with articles 124(4) and 217(1) Proviso(b). This procedure shall equally apply in case of Judges of the Supreme Courtand the High Courts except that in the case of a Supreme Court Judge the judgeagainst whom complaint is received or inquiry is ordered, shall not participatein any proceeding affecting him.
In appropriate cases the Chief Justice of the High Court or the Chief Justiceof India, may withhold judicial work from the judge concerned after the inquirycommittee records a finding against the judge.
[Para 7.3.8]
(124) Article 124(3) contemplates appointment of Judges of Supreme Court fromthree sources. However, in the last fifty years not a single distinguishedjurist has been appointed. From the Bar also, less than half a dozen Judges havebeen appointed. It is time that suitably meritorious persons from these sourcesare appointed.
[Para 7.3.9]
(125) The retirement age of the Judges of the High Court should be increasedto 65 years and that of the Judges of the Supreme Court should be increased to68 years.
[Para 7.3.10]
(126) In the matter of transfer of Judges, it should be as a matter of policyand the power under article 222 and its exercise in appropriate cases shouldremain untouched. The President would transfer a Judge from one High Court toany other High Court after consultation with a committee comprising the ChiefJustice of India and the two senior-most Judges of the Supreme Court.
[Para 7.3.11]
(127) A proviso should be inserted in article 129 so as to provide that thepower of court to punish for contempt of itself inherent only in the SupremeCourt and the High Courts and is available as part of the privilege ofParliament and State Legislatures, and no other court, tribunal or authorityshould have or be conferred with a power to punish for contempt of itself.
[Para 7.4.7]
(128) A suitable provision may be inserted in the Constitution so as toprovide that except the Supreme Court and the High Courts no other court,tribunal or authority shall exercise any jurisdiction to adjudicate on thevalidity or declare an Act of Parliament or State Legislature as beingunconstitutional or beyond legislative competence and so ultra vires. Such aprovision may be made as clause (5) of article 226.
[Para 7.5]
(129) A ‘Judicial Council’ at the apex level and Judicial Councils ateach State at the level of the High Court should be set up. There should be anAdministrative Office to assist the National Judicial Council and separateAdministrative Offices attached to Judicial Councils in States. These bodiesmust be created under a statute made by Parliament. The Judicial Councils shouldbe in charge of the preparation of plans, both short term and long term, and forpreparing the proposals for annual budget.
[Para 7.7]
(130) The budget proposals in each State must emanate from the State JudicialCouncil, in regard to the needs of the subordinate judiciary in that State, andwill have to be submitted to the State Executive. Once the budget is sofinalized between the State Judicial Council and the State Executive, it shouldbe presented in the State Legislature.
[Para 7.8.1]
(131) The entire burden of establishing subordinate courts and maintainingsubordinate judiciary should not be on the State Governments. There is aconcurrent obligation on the Union Government to meet the expenditure forsubordinate courts. Therefore, the Planning Commission and the FinanceCommission must allocate sufficient funds from national resources to meet thedemands of the State judiciary in each of the States.
[Para 7.8.2]
(132) The presiding officers in courts should be adequately trained. Toensure competence, there should be a proper selection, freedom of action,training, motivation and experience. To maintain their competence it isnecessary to have continuing education for the judges. Some national judicialinstitutions have to be properly structured to give such training. There shouldbe a proper monitoring of moving the judges where work demands such movementfrom places where there are no arrears of work. There has to be systematicassessment of training needs of judicial personnel at different levels.
[Para 7.10.2]
(133) The Government should ensure basic infra-structure needed to all courtsand arrange to ensure that courts are not handicapped for want ofinfra-structural facilities. Governments, both at the Centre and in the States,should constitute committee of secretaries to review government litigation witha view to avoid adjudication, wherever possible, give priority in filling ofwritten statements, wherever required, and instruct government advocates to seekearly decision on government litigation.
[Para 7.10.4]
(134) In the Supreme Court and the High Courts, judgements should ordinarilybe delivered not later than ninety days from the conclusion of the case. If ajudgement is not rendered within such time – it is possible that thecomplexities of the case and the effect the decision may have on another similarsituation might compel greater and larger judicial consideration andcontemplation – the case must be listed before the court immediately on theexpiry of ninety days for the court to fix a specific date for the pronouncementof the judgement.
[Para 7.10.5]
(135) An award of exemplary costs should be given in appropriate cases ofabuse of process of law.
[Para 7.11]
(136) The recommendations of the Law Commission of India in regard to theNagar Nyayalayas, Conciliation Courts, ADR systems of urban litigation, evidencerecording by Commissioners, etc. as incorporated in the Code of Civil Procedure(Amendment) Act, 2000 should be brought into force with such modifications aswould take care of a few serious objections.
[Para 7.13.3]
(137) The provisions relating to conciliation in the Arbitration andConciliation Act, 1996 should suitably be amended to provide for obligatoryrecourse to conciliation or mediation in relation to cases pending in courts.Further, the scope and functions of the Legal Services Authorities constitutedunder the Legal Services Authorities Act, 1987 should be enlarged and extendedto enable the Authorities to set up conciliation and mediation fora and toconduct, in collaboration of other institutions wherever necessary, trainingcourses for conciliators and mediators.
[Para 7.13.4]
(138) Each High Court should, in consultation with the judicial councilsreferred to in para 7.7, prepare a strategic plan for time-bound clearance ofarrears in courts under its jurisdiction. The plan may prescribe annual targetsand district-wise performance targets. High Courts should establish monitoringmechanisms for progress evaluation. The purpose is to achieve the position thatno court within the High Court’s jurisdiction has any case pending for morethan one year. This should be achieved within a period of five years or earlier.
[Para 7.13.5]
(139) The criminal investigation system needs higher standards ofprofessionalised action and it should be provided adequate logistic andtechnological support. Serious offences should be classified for purpose ofspecialized investigation by specially selected, trained and experiencedinvestigators. They should not be burdened with other duties like security,maintenance of law and order etc., and should be entrusted exclusively withinvestigation of serious offences.
[Para 7.14.2]
(140) The number of Forensic Science Institutions with modern technologiessuch as DNA fingerprinting technology should be enhanced.
[Para 7.14.3]
(141) The system of plea-bargaining (as recommended by the Law Commission ofIndia in its Report) should be introduced as part of the process ofdecriminalisation.
[Para 7.14.4]
(142) In order that citizen’s confidence in the police administration isenhanced, the police administration in the districts should periodically reviewthe statistics of all the arrests made by the police in the district as to howmany of the cases in which arrests were made culminated in the filing ofcharge-sheets in the court and how many of the arrests ultimately turned out tobe unnecessary. This review will check the tendency of unnecessary arrests.
[Para 7.14.5]
(143) The legal services authorities in the States should set up committeeswith the participation of civil society for bringing the accused and the victimstogether to work out compounding of offences.
[Para 7.14.6]
(144) Statements of witnesses during investigation of serious cases should berecorded before a magistrate under Section 164 of the Code of CriminalProcedure, 1973.
[Para 7.14.7]
(145) The case for a viable, social justice-oriented and effective scheme forcompensation victims is now widely felt. The Government at the Union level andin the States are well advised under the directive principles as well as underInternational Human Rights obligations to legislate on the subject of aneffective scheme of compensation for victims of crime without further delay.
[Para 7.15.3]
(146) The tremendous support which the criminal justice might derive from thepeople once the compensation scheme is introduced even in a modest scale, andthe possibilities of advancing the crying need for social justice in a very realsense, are attractive enough for the State to find money to float the schemeimmediately.
[Para 7.15.4]
(147) The National Informatics Centre in collaboration with or with theassistance of the Indian Law Institute and the Government Law Departments shouldset up a Digital Legal Information System in the country so that all courts,legal departments, law schools would be able to access and retrieve informationfrom the data bank of the important law libraries in the country."
[Para 7.17.2]
(148) Progressively the hierarchy of the subordinate courts in the countryshould be brought down to a two-tier of subordinate judiciary under the HighCourt. Further, strict selection criteria and adequate training facilities forthe presiding officers of such courts should be provided. In order to cope upwith the workload of cases at the lower level and also to curtail arrears anddelay, the States should appoint honorary judicial magistrates selected fromexperienced lawyers on the criminal side to try and dispose less serious andpetty cases on part-time basis on the pattern of Recorders and AssistantRecorders in UK. They could set for, say, 100 days in a year and hold courtlater in the evenings after regular court hours. This would relieve the load onthe regular magistracy.
[Para 7.18]
(149) Since the issues relating to human rights, more particularly relatingto unlawful detention, have now occupied a center-stage, both nationally andinternationally, it shall be desirable that the Protection of Human Rights Act,1993 may be suitably amended to provide that, in addition to the powersgenerally vested in that Court, such courts shall have the power to issuedirections of the nature of a habeas corpus as was available to the High Courtsunder section 491 of the Code of Criminal Procedure, 1898. Vesting of such powerwill go a long way in providing help to the indigent and vulnerable sections ofthe society in view of the proximity and easy accessibility of the Court ofSession.
[Para 7.19.3]
(150) Individual and collective consultation with the States should beundertaken through the Inter-State Council established under article 263 of theConstitution. Further, the Inter-State Council Order, 1990, issued by thePresident may clearly specify in para 4(b) of the order the subjects that shouldform part of consultation in the Inter-State Council.
[Para 8.2.13]
(151) “Management of Disasters and Emergencies, Natural or Man-Made”should be included in List III of the Seventh Schedule.
[Para 8.2.14]
Finance
(152) It might be worthwhile to provide explicitly for taxing power for theStates in respect of certain specified services. For the Union also an explicitentry would be helpful, rather than leaving it to the residuary power of entry97. However, it may be better to first let a consensus list of services to betaxed by the States come into force to be treated as the exclusive domain of theStates, even if the formal taxing power is exercised by the Union. A de factoenumeration of services that can be taxed exclusively by the States shouldget priority from policy makers with a view to augmenting the resource pool ofthe States. Specific enumeration of services that may become amenable totaxation by the States should be made. An appropriate amendment to theConstitution in this behalf should be made to include certain taxes, now leviedand collected by the Union, to be levied and collected by the States.
[Para 8.5]
(153) For carrying out the objectives of articles 301, 302, 303 and 304, andother purposes relating to the needs and requirements of inter-State trade andcommerce and for purposes of eliminating barriers to inter-state trade andcommerce Parliament should, by law, establish an authority called the “Inter-StateTrade and Commerce Commission” under the Ministry of Industry and Commerceunder article 307 read with Entry 42 of List-I.
[Para 8.8.2]
(154) Article 139A, which confers power on the Supreme Court to withdrawcases involving the same or substantially the same question of law, which arepending in Supreme Court and one or more High Courts, should be amended so as toprovide that it can withdraw to itself cases even if they are pending in onecourt where such questions as to the legislative competence of the Parliament orState Legislature are involved.
[Para 8.9.4]
(155) As river water disputes being important disputes between two or moreStates and/or the Union, they should be heard and disposed by a bench of notless than three Judges and if necessary, a bench of five Judges of the SupremeCourt for the final disposal of the suit.
[Para 8.11.7]
(156) Appropriate provisions may be made as envisaged by article 145(1) inconsultation with the Supreme Court or if the Supreme Court so opts to providefor the same by the Supreme Court Rules to appoint Commissioners or Masters andto have the evidence recorded not by the Supreme Court itself but by theCommissioners or Masters so that the precious time of the Supreme Court issaved.
[Para 8.11.8]
(157) Appropriate Parliamentary legislation should be made for repealing theRiver Boards Act, 1956 and replacing it by another comprehensive enactment underEntry 56 of List I. The new enactment should clearly define the constitution ofthe River Boards and their jurisdiction so as to regulate, develop and controlall inter-State rivers keeping intact the adjudicated and the recognized rightsof the States through which the inter-State river passes and their inhabitants.While enacting the legislation, national interest should be the paramountconsideration as inter-State rivers are ‘material resources’ of thecommunity and are national assets. Such enactment should be passed by Parliamentafter having effective and meaningful consultation with all the StateGovernments.
[Para 8.11.9]
(158) In resolving problems and coordinating policy and action, the Union aswell as the States should more effectively utilize the forum of inter-StateCouncil as recommended by the Commission on Centre-State Relations (SarkariaCommission). This will be in tune with the spirit of cooperative federalismrequiring proper understanding and mutual confidence and resolution of problemsof common interest expeditiously.
[Para 8.12.4]
(159) In order to reduce tension or friction between States and the Union andfor expeditious decision-making on important issues involving States, thedesirability of prior consultation by the Union Government with the inter-StateCouncil may be considered before signing any treaty vitally affecting theinterests of the States regarding matters in the State List.
[Para 8.13.3]
(160) The powers of the President in the matter of selection and appointmentof Governors should not be diluted. However, the Governor of a State should beappointed by the President only after consultation with the Chief Minister ofthat State. Normally the five year term should be adhered to and removal ortransfer should be by following a similar procedure as for appointment i.e.after consultation with the Chief Minister of the concerned State.
[Para 8.14.2]
(161) In the matter of selection of a Governor, the following mattersmentioned in para 4.16.01 of Volume I of the Sarkaria Commission Report shouldbe kept in mind:-
- He should be eminent in some walk of life.
- He should be a person from outside the State.
- He should be a detached figure and not too intimately connected with the local politics of the State.
- He should be a person who has not taken too great a part in politics generally, and particularly in the recent past.
In selecting a Governor in accordance with the above criteria, the personsbelonging to the minority groups should continue to be given a chance ashitherto.
[Para 8.14.3]
(162) There should be a time-limit – say a period of six months – withinwhich the Governor should take a decision whether to grant assent or to reservea Bill for consideration of the President. If the Bill is reserved forconsideration of the President, there should be a time-limit, say of threemonths, within which the President should take a decision whether to accord hisassent or to direct the Governor to return it to the State Legislature or toseek the opinion of the Supreme Court regarding the constitutionality of the Actunder article 143.
[Para 8.14.4]
(163) Suitable amendment should be made in the Constitution so that theassent given by the President should avail for all purposes of relevant articlesof the Constitution. However, it is desirable that when a Bill is sent forthe President's assent, it would be appropriate to draw the attention of thePresident to all the articles of the Constitution, which refer to the need forthe assent of the President to avoid any doubts in court proceedings.
[Para 8.14.6]
(164) A suitable Article should be inserted in the Constitution to theeffect that an assent given by the President to an Act shall not be permitted tobe argued as to whether it was given for one purpose or another. When thePresident gives his assent to the Bill, it shall be deemed to have been givenfor all purposes of the Constitution.
[Para 8.14.7]
(165) The following proviso may be added to article 111 of theConstitution:
"Provided that when the President declares that he assents to the Bill, the assent shall be deemed to be a general assent for all purposes of the Constitution."
[Para 8.14.8]
(166) Article 356 should not be deleted. But it must be used sparingly andonly as a remedy of the last resort and after exhausting action under otherarticles like 256, 257 and 355.
[Paras 8.18 and 8.19.2]
(167) In case of political breakdown, necessitating invoking of article 356,before issuing a proclamation thereunder, the concerned State should be given anopportunity to explain its position and redress the situation, unless thesituation is such, that following the above course would not be in the interestof security of State, or defence of the country, or for other reasonsnecessitating urgent action.
[Para 8.19.5]
(168) The question whether the Ministry in a State has lost the confidence ofthe Legislative Assembly or not, should be decided only on the floor of theAssembly and nowhere else. If necessary, the Union Government should take therequired steps, to enable the Legislative Assembly to meet and freely transactits business. The Governor should not be allowed to dismiss the Ministry, solong as it enjoys the confidence of the House. It is only where a Chief Ministerrefuses to resign, after his Ministry is defeated on a motion of no-confidence,that the Governor can dismiss the State Government. In a situation of politicalbreakdown, the Governor should explore all possibilities of having a Governmentenjoying majority support in the Assembly. If it is not possible for such aGovernment to be installed and if fresh elections can be held without avoidabledelay, he should ask the outgoing Ministry, (if there is one), to continue as acaretaker government, provided the Ministry was defeated solely on a issue,unconnected with any allegations of maladministration or corruption and isagreeable to continue. The Governor should then dissolve the LegislativeAssembly, leaving the resolution of the constitutional crisis to the electorate.
[Para 8.20.3]
(169) The problem of political breakdown would stand largely resolved if therecommendations made in Chapter 4 in regard to the election of the leader of theHouse (Chief Minister) and the removal of the Government only by a constructivevote of no-confidence are accepted and implemented.
[Paras 8.20.3 and 8.20.4]
Normally, President’s Rule in a State should be proclaimed on the basis ofGovernor’s Report under article 356(1). The Governor’s report should be a“speaking document”, containing a precise and clear statement of allmaterial facts and grounds, on the basis of which the President may satisfyhimself, as to the existence or otherwise of the situation contemplated inarticle 356.
[Para 8.20.5]
(170) In clause (5) of article 356 of the Constitution, in clause (a) theword “and” occurring at the end should be substituted by the word “or”so that even without the State being under a proclamation of Emergency,President's rule may be continued if elections cannot be held.
[Para 8.21.3]
(171) Whenever a proclamation under article 356 has been issued and approvedby the Parliament it may become necessary to review the continuance in force ofthe proclamation and to restore the democratic processes earlier than the expiryof the stipulated period. For this, new clauses (6) & (7) to article 356may be added on the following lines: -
“(6) Notwithstanding anything contained in the foregoing clauses, the President shall revoke a proclamation issued under clause (1) or a proclamation varying such proclamation if the House of the People passes a resolution disapproving, or, as the case may be, disapproving the continuance in force of, such proclamation.
(7) Where a notice in writing signed by not less than one-tenth of the total number of members of the House of the People has been given, of their intention to move a resolution for disapproving, or, as the case may be, for disapproving the continuance in force of, a proclamation issued under clause (1) or a proclamation varying such proclamation:
(a) to the Speaker, if the House is in session; or
(b) to the President, if the House is not in session,
a special sitting of the House shall be held within fourteen days from the date on which such notice is received by the Speaker, or, as the case may be, by the President, for the purpose of considering such resolution.”.
[Para 8.21.4]
(172) Article 356 should be amended so to ensure that the StateLegislative Assembly should not be dissolved either by the Governor or thePresident before the proclamation issued under article 356(1) has been laidbefore Parliament and it has had an opportunity to consider it.
[Para 8.22.3]
(173) Government may consider the demands of the Coorgies for a SainikSchool, a Development Board and a University for them in Coorg.
[Para 8.23.1]
(174) Steps may be taken for better protection of Sindhi language and cultureby setting up of a Centre of Sindhi Language and Culture with the Stateproviding necessary facilities for the same. The difficulties faced by theSindhi migrants may be examined and corrective measures taken to facilitategrant of citizenship as per the existing law.
[Para 8.23.2]
(175) Article 243K and 243Z should be amended on the following lines:-
1. Amendment of article 243K.-
In article 243K,-
(a) for clause (1), the following clauses shall be substituted, namely:-
“(1) Subject to the provisions of clause (1A), the superintendence,direction and control of the preparation of electoral rolls for, and the conductof, all elections to the Panchayats shall be vested in a State ElectionCommission consisting of a State Election Commissioner to be appointed by theGovernor.
(1A) The Election Commission shall have the power to issue any directions orinstructions to the State Election Commission for the discharge of its functionsunder clause (1).”.
(b) after clause (4), the following clause shall be inserted, namely:-
“(5) The State Election Commission shall submit its annual report to theElection Commission and to the Governor, every year and it may, at any time,submit special reports on any matter which in its opinion is of such urgency orimportance that it should not be deferred till the submission of its annualreport.”.
In article 243ZA, for clause (1), the following clauses shall be substituted,namely:-
“(1) Subject to the provisions of clause (1A), the superintendence,direction and control of the preparation of electoral rolls for, and the conductof, all elections to the Municipalities shall be vested in the State ElectionCommission referred to in article 243K.
(1A) The Election Commission shall have the power to issue any directions orinstructions to the State Election Commission for the discharge of its functionsunder clause (1).”.
[Para 9.6.2]
(176) Panchayats should be categorically declared to be ‘institutions ofself-government’ and exclusive functions be assigned to them. For thispurpose, article 243G should be amended to read as follows:-
"Powers, authority and responsibility of Panchayats
243G. Subject to the provisions of this Constitution, the Legislature of aState shall, by law, vest the Panchayats with such powers and authority as arenecessary to enable them to function as institutions of self-government and suchlaw shall contain provisions for the devolution of powers and responsibilitiesupon Panchayats at the appropriate level, subject to such conditions as shall bespecified therein, with respect to-
(a) preparation of plans for economic development and social justice;
(b) the implementation of schemes for economic development and social justiceas shall be entrusted to them including those in relation to the matters listedin the Eleventh Schedule.".
Similar amendments should be made in article 243W relating to the powers,authority and responsibilities of Municipalities, etc.
[Paras 9.7.1 and 9.7.2]
(177) The Eleventh and Twelfth Schedules to the Constitution should berestructured in a manner that creates a separate fiscal domain for Panchayatsand Municipalities. Accordingly, articles 243H and 243X should be amended makingit mandatory for the legislation of the States to make laws devolving powers toPanchayats and Municipalities.
[Para 9.8.2]
(178) In order to enable the Finance Commission to take a macro-levelview, the provisions sub-clauses (bb) and (c) of clause (3) of article 280should be amended. The words “on the basis of the recommendation” in thesesub-clauses should be replaced by the words “after taking into considerationthe recommendations.”
[Para 9.8.3]
(179) In the part of clause (1) of article 243-I which calls forconstitution of State Finance Commission (SFC) at the expiration of every fifthyear, in line with article 280(1), the words “or at such earlier time as theGovernor considers necessary” may be added after the words ‘fifth year’. Whileit is for the State Legislature to ensure that the Government implements fullyits assurances, there should be constitutional obligations for placing theAction Taken Report (ATR) before the legislature within ‘six months’ afterthe submission of the report. Clause (4) of article 243-I may need to be amendedaccordingly.
[Para 9.8.4]
(180) The necessary legislative power of fixing upper limit of taxes onprofessions, trades, callings and employment under article 276 should be vestedin Parliament by suitably amending that article.
[Para 9.8.5]
(181) All local authorities may be allowed to borrow from the StateGovernment and financial institutions.
[Para 9.8.6]
(182) An enabling provision should be made in Part IX of the Constitutionpermitting the State Legislature to make, by law, provisions that would empowerthe State Government to confer on the Panchayats full power of administrativeand functional control over such staff as are transferred following devolutionof functions, notwithstanding any right they may have acquired from StateAct/Rules. They should also have the power to recruit certain categories ofstaff required for service in their jurisdiction.
[Para 9.9.1]
(183) A proviso to clause (1) of article 243E should be inserted to theeffect that a reasonable opportunity of being heard shall be given to aPanchayat before it is dissolved.
[Para 9.10]
(184) A provision for constitution of a State Panchayat Council under thechairmanship of the Chief Minister [on the pattern of Gujarat State Council forPanchayats as provided in the Gujarat Panchayats Act, 1993] should be made inthe Constitution on the analogy of the provision in article 263 of theConstitution relating to the Inter-State Council. The leader of theopposition may be made ex-officio vice-chairman of the Council to providea consensual approach to the development of Panchayats as fully democratic,efficient and responsible institutions.
[Para 9.11]
(185) Necessary provisions should be made for audit of Panchayat accounts toensure that all works related to audit (conduct of audit, submission of auditreport and compliance with audit objections if any) are completed within a yearof the close of a financial year. To ensure uniformity in the practice relatingto audits of accounts, the Comptroller and Auditor-General of India should beempowered to conduct the audit or lay down accounting standards for Panchayats.
[Para 9.12]
(186) Whenever a Municipality is superseded, a report stating the grounds forsuch dissolution should be placed before the State Legislature.
[Para 9.13]
(187) All provisions regarding qualifications and disqualifications forelections to local authorities should be consolidated in a single law and untilthat is done, each State should prepare a manual of existing provisions forpublic information.
[Para 9.14]
(188) The State Election Commission (SEC) should have the authority toprescribe ceiling of expenses and code of conduct in elections. Further, theState laws should clearly specify the powers of the SEC to disqualify candidatesor set aside elections in the event of violations of those laws.
[Para 9.15]
(189) It should be the duty of a State and the Union (in case of Panchayatsand Municipalities located in Union territories) to ensure the completion ofelections within the stipulated limits. It should also be duty of the StateElection Commissioner to ensure this and in the event of possible delay make areport to the Governor of the State drawing his attention to the problems andsuggesting remedial action to fulfill the requirements of the Constitution. Articles243K and 243 ZA should be suitably amended to specify that the responsibilityfor the conduct of elections shall include all preparatory steps for the sameincluding the electoral rolls and matters connected therewith and theresponsibility for the same shall vest with the State Election Commission.
[Para 9.16.2]
(190) The functions and responsibilities of delimitation, reservation androtation of seats and matters connected therewith should be vested in adelimitation Commission constituted by law by the appropriate legislature andnot in the SEC.
[Para 9.16.2]
(191) The Representation of the People Act and State laws should specify thatcommon polling stations should be used for elections to local bodies, StateLegislatures and Parliament.
[Para 9.17.2]
(192) The State laws should provide guidelines for the delimitation work suchas parity, as far as possible, in the ratio between the population of aterritorial constituency and the number of seats within the same class ofPanchayats or Municipalities.
[Para 9.17.3]
(193) State laws should specify that changes in the administrative boundariesof districts, sub-divisions, taluks, police stations, etc., should not be madewithin six months prior to a panchayat or a municipal election.
[Para 9.17.4]
(194) To remove ambiguities, articles 243D and 243T should be suitablyamended to provide for rotation and changes only at the time of delimitation andnot in between. State laws should provide the guidelines for the process ofreservation which should ensure transparency and adequate opportunities foreliciting voter response.
[Para 9.18.2]
(195) To clarify the precise position of reservation under clause (6) ofarticle 243D and clause (6) of article 243T to be provided by the State law, theoverall total of reserved seats and reserved offices in Panchayats andMunicipalities should be specified.
[Para 9.18.3]
(196) The State Election Commissioner should have a fixed term of 5 years.He/she should be equal to a Judge of the High Court. The broad qualificationsfor a State Election Commissioner may be specified under the State law.
[Para 9.19.1]
(197) The concept of a distinct and separate tax domain for municipalitiesshould be recognised. This concept should be reflected in a list of taxes in therelevant schedule. Carving out items from the existing State lists such as item49 (taxes on land and buildings) and item 52 (taxes on entry of goods into alocal area for consumption) should not be difficult.
[Para 9.21]
(198) The North Eastern part of India with its large number of tribalcommunities and emerging educated elites has self-governing village councils andorganized tribal chiefdoms. Efforts are to be made to give all the States inthis region the opportunities provided under the 73rd and 74th ConstitutionAmendments. However, this should be done with due regard to the uniquetraditions of the region and the genius of the people without tampering withtheir essential rights and giving to each State the chance to use its ownnomenclature for systems of governance which will have local acceptance.
[Para 9.22.3]
(199) Careful steps should be taken to devolve political powers through theintermediate and local-Ievel traditional political organisations, provided theirtraditional practices carried out in a modern world do not deny legitimatedemocratic rights to any section in their contemporary society. The details ofstate-wise steps to devolve such powers will have to be carefully considered ina proper representative meeting of traditional leaders of each community,opinion builders of the respective communities and leaders of State and nationalstature from these very groups. A hasty decision could have seriousrepercussions, unforeseen and unfortunate, which could further complicate andworsen the situation. To begin with, the subjects given under the Sixth Scheduleand those mentioned in the Eleventh Schedule could be entrusted to theAutonomous District Councils (ADCs). The system of in-built safeguards in theSixth Schedule should be maintained and strengthened for the minority andmicro-minority groups while empowering them with greater responsibilities andopportunities, for example, through the process of Central funding for Planexpenditure instead of routing all funds through the State Governments. TheNorth Eastern Council can play a central role here by developing a process ofpublic education on the proposed changes, which would assure communities aboutprotection of their traditions and also bring in gender representation and givevoice to other ethnic groups.
[Para 9.23(i)]
(200) Traditional forms of governance should be associated withself-governance because of the present dissatisfaction. However, positivedemocratic elements like gender justice and adult franchise should be built intothese institutions to make them broader based and capable of dealing with achanging world.
[Para 9.23(ii)]
(201) The implementation of centrally funded projects from variousdepartments of the Union Government should be entrusted to the ADCs and torevived village councils with strict monitoring by the Comptroller andAuditor-General of India.
[Para 9.23(iii)]
(202) The process of protection of identity and the process of developmentand change are extremely sensitive. These twin processes need to be understoodin the framework of a changing world and the role of all communities, small andlarge, in that world. Therefore, the North Eastern Council should be mandated toconduct an intensive programme of public awareness, sensitization and educationthrough non-government organizations, State Governments, and its own structureto help bring about such an understanding of the proposals.
[Para 9.23(iv)]
(203) The provisions of the Anti-Defection Law in the proposed revised formas recommended in para 4.18.2 of the Report should be made applicable to all theSixth Schedule areas.
[Para 9.23(v)]
(204) Given the demographic imbalance which is taking place in the North-Eastas a result of illegal migration from across the borders, urgent legal steps arenecessary for preventing such groups from entering electoral rolls andcitizenship rolls of the country. Reservations for local communities andminorities from other parts of the country should be made in the StateLegislatures. Issuance of multi-purpose identity cards to all Indian citizensshould be made mandatory for all Indian residents in the North East on a high-prioritybasis and the National Citizenship Law to be reviewed to plug the loopholeswhich enable illegal settlers to become ‘virtual’ citizens in a short spanof time, using a network of touts, politicians and officials.
[Para 9.23(vi)]
(205) A National Immigration Council should be set up under law to examineand report on a range of issues including Work Permits for legal migrants,Identity Cards for all residents, a National Migration Law, a National RefugeeLaw, review of the Citizenship Act, the Illegal Migrants Determination byTribunal Act and the Foreigners Act.
[Para 9.23(vii)]
(206) Local communities should be involved in the monitoring of our borders,in association with the local police and the Border Security Force.
[Para 9.23(viii)]
(207) As regards Nagaland, the Naga Councils should be replaced by electedrepresentatives of various Naga society groups with an intermediary tier at thedistrict level. Village Development Boards should be less dependent on State andreceive more Centrally-sponsored funds.
[Para 9.25]
(208) As regards Assam, –
(ii) other Autonomous Councils be upgraded to Autonomous DevelopmentCouncils with more Central funds for infrastructure development; within thepurview of the 73rd Amendment but also using traditional governing systems atthe village level.
[Para 9.28]
(209) As regards Meghalaya, –
(1) A tier of village governance should be created for a village or a groupof villages in the Autonomous District Councils, comprising of elected personsfrom the traditional systems plus from existing village councils with not morethan 15 persons at each village unit.
(2) The number of seats in each of the Autonomous District Councils inMeghalaya should be increased by 10 seats, i.e., to a total numberof 40 seats. Of the 10 additional seats, having regard to the non-representationof women and non-tribals, the Governor may nominate up to five members fromthese categories to each of the ADCs. The other five may be elected as follows:-
(a) By Syiems and Myntris, from among themselves to the Khasi AutonomousCouncil.
(b) By Dolois from among themselves to the Jaintia Autonomous DistrictCouncil; and
(c) By Nokmas from among themselves to the Garo Autonomous District Council.
[Para 9.29]
(210) As regards Tripura, –
(i) The changes which may be made in respect of other Autonomous Councilsshould also apply in respect of the Autonomous District Council(s) in Tripura.
(ii) The number of elected members in the Council should be increased from 28to 32.
(iii) The number of nominated members should be increased to six from thecurrent two. The existing non-tribal seats (currently, they have three electedseats) be converted to tribal seats. Three non-tribals may be nominated by theGovernor and three tribal women may be nominated by the Chief Executive Member.
[Para 9.30]
(211) As regards Mizoram, –
(i) An intermediary elected 30-member tier should be developed at thedistrict level in areas not covered by the Sixth Schedule, i.e.,excluding the Chakma, Lai and Mara District Autonomous Councils. There wouldthus be two tiers below the State Legislature: the District and the Village.
(ii) Village Councils in non-Scheduled areas should be given moreadministrative and judicial powers; two or more villages be combined to form onevillage council, given the small population in the State.
(iii) Consideration should be given to groups seeking Sixth Schedule status,depending on viability of the demand, including size of population, territorialand ethnic contiguity.
(iv) Central funding as outlined in general recommendations should beprovided to the ADCs.
(v) Nominated seats for women, non-tribals and Sixth Schedule tribes innon-scheduled area (not to exceed six over and above the size of the Councils,making a total of 36 members); current size of ADCs should be increased to 30with a similar provision for women and non-scheduled tribes.
[Para 9.31]
(212) As regards Manipur,
(ii) the 73rd Amendment should be implemented vigorously in the areas of theplains where, despite elections, the system is virtually non-existent.
[Para 9.32]
(213) The Citizens’ Charters be prepared by every service providingdepartment/agency to enumerate the entitlements of the citizens. In case acitizen fails to receive the public goods and the services in the manner and tothe extent set out in such charters, he/she should have recourse to an easy andeffective system of grievance redressal through chartered Ombudsman. Thesecitizen’s charters should include specifically the entitlements of citizensbelonging to Scheduled Castes (SCs), Scheduled Tribes (STs) and other deprivedclasses. In the case of these deprived classes the charters can with advantageprovide for National and State Commission for SCs, STs, BCs (Backward Classes),Minorities, women, safai karamcharis to function effectively asombudsman-bodies. The charter of these National and State Commissions and theway they are constituted should be such as to facilitate the role, inter alia,as ombudsman-bodies for different deprived classes.
[Para 10.3.2]
(214) The Civil Services Boards, recommended to be set up under Chapter 6 forconsidering promotions and placements, should be directed to specificallyconsider the performance of officers in promoting the welfare of ScheduledCastes, scheduled tribes and other deprived categories. When officers are beingconsidered for promotion and placement economic agencies/ministries, weightageshould be given to officers who have worked conscientiously and efficiently toimplement constitutional values and norms under the law and rules andregulations for the welfare, development and empowerment of the abovedisadvantaged categories and those who have failed in this and those who havenot worked at least for five years in the areas and sectors pertaining to thesecategories should be excluded from placements in economic ministries/agencies.For this purpose, the provision should be made for Social Justice Clearancebefore an officer of class I or class II is promoted along the lines detailed inpara 3.2 at pages 1390-1391 of Book-3, Vol.II.
[Para 10.3.3]
(215) Reservation for members of the SCs and the STs should be brought underthe purview of a statute covering all aspects of reservation, as detailed inpara 8.10 at pages 1406-1408 of Book-3, Vol.II, including setting up ArakshanNyaya Adalats or Tribunal to adjudicate upon all cases and disputespertaining to reservation in posts and vacancies in Government, Public Sector,Banks and other financial institutions, Universities and all other institutionsand organisations to which reservations are and become applicable. TheseTribunals should have the status of High Courts, appeals lying only to theSupreme Court. These Tribunals should have their main Bench at Delhi and otherBenches in the States. The Chairperson, Vice-Chairperson and other Members ofthe Tribunal and its benches should be selected on the basis of their record inthe implementation of Reservation in their earlier positions. The statuteshould, inter alia, have a penal provision including imprisonment forthose convicted of wilfully or negligently failing to implement reservation. Thestatute and related provisions should be brought under the Ninth Schedule to theConstitution.
[Para 10.3.4]
(216) The three Constitution amendments enacted in the last two years to undothe harm done in 1997 to the long pre-existing rights of SCs and STs inreservations should be put into effect forthwith. The Central and StateGovernments should amend the executive orders issued in 1997 regarding theroster and restore the pre-1996 roster. This should also be brought under thepurview of the statute mentioned above.
[Para 10.3.5]
(217) The Reservation for backward classes should also be brought under astatute which, while containing the specificities of reservation for BCs shouldalso contain provisions for Arakshan Nyaya Adalats or Tribunal forproviding Justice in reservation, penal provisions, etc. as recommended in thecase of the statute in respect of SCs and STs.
[Para 10.3.6]
(218) It should be mandatorily stipulated in the Memoranda of Understanding (M.O.Us.)of privatisation or dis-investment of public sector undertakings that the policyof reservation in favour of SCs, STs and BCs shall be continued even afterprivatisation or dis-investment in the same form as it exists in the Governmentand this should also be incorporated in the respective statutes of reservation.As a measure of social integration there should be a half per cent reservationfor children of parents one of whom is SC/ST and the other parent isnon-SC/non-ST and this reservation should be termed as reservation for theCasteless.
[Para 10.3.7]
(219) In view of the weighty opinion against the formal introduction ofreservation in the higher judiciary, and the fact that over fifty years, theprogress of education, however tardy, has certainly produced adequate number ofpersons of the SC, ST and BC in every State who possess the requiredqualifications, having necessary integrity, character and acumen required forJudges of Supreme Court and High Courts for appointment as Judge of the superiorjudiciary, a way could and should, therefore, be found to bring a reasonablenumber of SCs, STs and BCs on to the Benches of the Supreme Court and HighCourts in the same way in which, in practice, it is found is followed in respectof advocates from different social segments/regions of the country/States ordifferent religious communities so that on the one hand the overwhelming opinionagainst formal reservation in the Supreme Court and High Courts is respected andon the other hand, the feeling of alienation of the vast majority of Indianscomprising SCs, STs and BCs that, in spite of having persons of requisitecalibre and character among them, they are being ignored in the appointment ofJudges, is resolved.
[Para 10.3.9]
(220) There should be reservation for SCs, STs and BCs (including BCminorities and especially More and Most Backward classes), with a due proportionof women from each of these categories in the matter of allotment of shops underthe public distribution system, and other allotments like petrol stations, gasagencies, etc. for distribution of commodities by public authority. There isneed for support mechanism to help entrepreneurs among these deprived sectionsto help them to come up in these business ventures. These measures should betaken on the lines as spelt out in para 4.6 at page 1393 of Book-3 Vol.II.
[Para 10.3.10]
(221) Massive programmes of employment should be undertaken and expanded tocover all such people and provide them employment at statutory minimum wagefixed for agricultural labourers at least for 80 days in the year over and abovethe unsteady employment they normally have. The nature of the work to beundertaken, the mode of payment of wages etc. should be as detailed in para 4.5at pages 1392 to 1393 of Book-3 of Volume-II. Inclusion of Right to Work as afundamental right has been recommended in para 3.13.2 of this Report and thiswill provide the necessary constitutional base and support for this programme.
[Para 10.3.11]
(222) Residential schools for SCs and STs should be established in everydistrict in the country – one each for SC boys and SC girls, and ST boys andST girls, as one item of an important package of comprehensive measures requiredfor the development and empowerment of SCs and STs. Similarly, the Commissionrecommends that residential schools should be set up for the BCs in everydistrict, one each for BC boys and BC girls, including minorities who belong toBCs and with special attention to More Backward and Most Backward classes amongBCs. The proportion of the students of the specific category of weaker sections(say 75 per cent) and of other social categories (say 25 per cent), theprinciples of location, methodology of covering the Minority B.C., phasing andfunding, mode of selection of the candidates, management etc. should be asdetailed in paras 5.4 and 6.2 at pages 1395 to 1397 of Book 3 of Volume II. Thissystem has got the support of the precedent and experience for the last twodecades in Andhra Pradesh state, providing ground for hope in this important andindispensable measure. In addition, the Commission recommends that it is alsonecessary to see that the SCs, STs and BCs especially the More and Most Backwardclasses of BCs from poor and middle-class families get due benefit of good andprestigious private educational institutions in the country as well as inforeign educational institutions at all levels and in all disciplines, at statecost. Funding for this can be found by measures outlined in sub-para (v) of para5.4 at page 1396 of Book 3 of Volume II. The measures detailed in sub para (ii)and (iv) of para 5.4 at pages 1395 and 1396 of Book 3 of Volume II should befollowed in the matter.
[Para 10.4.1]
(223) Incentives should be offered to students to prepare for such courses ofstudy in technical, vocational, scientific and professional disciplines. Only amassive transfer of resources to the educational programmes for the scheduledcastes and scheduled tribes will enable us to achieve the kind of quantitativeexpansion needed to bring these communities on par with others in terms ofskills and knowledge base to engage with the modern world. It is only then thatthey would be in a position to compete on the basis of their own strength andrise to the leadership role in different spheres of public life. This aspect ofmeasures for building up a reservoir of highly educated professional, scientificand technological manpower among these categories in population equivalentproportion should be borne in mind along with its earlier recommendationsregarding residential schools of high quality and elementary education, andprovisions and outlays should be made accordingly.
[Para 10.4.3]
(224) Social policy should aim at enabling the SCs, STs and BCs (including BCminorities and especially the More and Most Backward Classes among BCs) and withparticular attention to the girls in each of these categories to compete onequal terms with the general category. This was always necessary but thisbecomes more important and increasingly urgent in the context of a knowledgesociety that is emerging. Reservation has helped the above deprived categoriesto enter state educational institutions from which they had been debarred and /or otherwise excluded in the past. Reservation continues to be necessary sincethese adverse factors have not ceased to exist. But with the growth of highquality educational institutions built up by the wealthier sections, almostentirely drawn from non-SC, non-ST, non-BC categories, as a high quality streamdistinct and separate from the state educational system, it becomes important toensure that other measures in addition to reservations are introduced. Withoutthese measures, along with the Commissions recommendations on elementaryeducation, the gap between the SC, ST and BC on the one hand and the rest ofsociety will inexorably continue and even be widened.
[Para 10.4.4]
(225) The Employment of Manual Scavengers and Construction of Dry Latrines(Prohibition) Act, 1993, should be strictly enforced to bring to an early end tothis degrading practice of manual scavenging so offensive to human dignitywithout abridgement of the employment and income of existing Safai Karamcharis.Automatic applicability of the Act to all States should be brought about by theamendment suggested in para 7.2 at page 1399 of Book 3 of Volume II. Further,the specifics and details of the abolition of the manual scavenging system andthe liberation and rehabilitation of safai karamcharis and protection of safaikaramcharis during the transition period should be as detailed in para 7.3 ofpages 1399 to 1401 of Book 3 of Volume II, including its incorporation in theSystem of Social Justice Clearance of officers at the time of theirconsideration for promotion. Limitations placed on the National Commission forSafai Karamcharis should be removed and it should be given the same powers andfunctional autonomy as is being enjoyed by the National Human Rights Commission;it should be adequately equipped to achieve its objective of total liberationand full rehabilitation of safai karamcharis. This should form an integral partof a National Sanitation Policy-cum-National Social Justice Policy.
[Para 10.5]
(226) The bleak situation will continue to bedevil the SCs and STs and thenation unless appropriate new institutions are created to take charge of thefull quantum of outlay of SCP and TSP (i.e. outlay not less than the populationequivalent proportion of the total plan outlay of the Centre/each State) andmanned by competent experts of SCs and STs and others genuinely working forthem, to formulate Plans in accordance with the developmental needs andpriorities of the SCs and STs and ensure that these plans are implementedeffectively. This new institutional system should consist of an integratednetwork of National Development Council for SCs and STs, and National SCs andSTs Development Authority, State SCs and STs Development Authorities andDistrict SCs and STs Development Authorities. Out of the total plan outlay ofthe Centre and of each State, before sectoral allocations are made, an outlayequivalent to the population proportion of SCs and STs should be placed at thedisposal of the National and respective State Authorities, as the corpus of SCPand TsP for formulation of plans in accordance with the needs and priorities ofSC & ST. For this, the system as detailed in para 9.2 at pages 1409 to 1411of Book-3, Volume-II should be established. The schemes as illustrated in sub-para(9) of para 9.2 at pages 1410-1411 of Book-3, Volume-II should also be taken upon a massive scale. This will at one stroke remove the various limitations anddifficulties faced by the SCP and TSP and create a powerful, integratedinstrument of social transformation based on the vision of economic liberation,educational equality and social dignity of the SCs and STs.
[Para 10.6.2]
(227) Land reforms involving distribution and allotment of lands fromdifferent sources (i.e. Government lands not required for genuine public use,Bhoodan lands, ceiling surplus lands, etc.) to the SCs and STs along withsupportive mechanism in the shape of supply of subsidised capital and credit andextension be made, and development of these lands through irrigation and othermeans be undertaken. In this context, the measures recommended at (b) of sub-para(9) of para 9.2 at page 1410 of Book-3, Volume-II and in para 14(i) to (vi) atpages 1416 to 1417 of Book-3, Volume-II should be implemented. Similarly, withregard to enforcement of the Minimum Wages Act for agricultural labour, themethodology recommended at (c) of sub-para (9) of para 9.2 of page 1410 Book-3,Volume-II should be followed. Strong legal action is needed to preventalienation of lands belonging to the tribal communities and effective priorrehabilitation of tribals before displacement due to developmental projects. Forthis purpose, the measures listed in para 13.2 at page 1414 to 1415 of Book-3,Volume-II should be undertaken. Additionally, the tribal communities have to beassociated with the management of forest resources, for not only theirlivelihoods, but also for protecting their way of life and cultural identitywhich are indissolubly linked to forests. For this purpose, action asrecommended in sub-paras (10) and (11) of para 13.2 at page 1416 of Book-3,Volume-II should be taken.
[Para 10.7.1]
(228) In the matter of harmonising the preservation of the land ownership ofSTs, industrial and other development, action should be taken as outlined insub-paras (6), (8) and (9) of para 13.2 of pages 1415 to 1416 of Book-3,Volume-II.
[Para 10.7.2]
(229) Special safeguards should be provided to protect the wholesometraditions of the cultural heritage and of the intellectual property rights ofthe tribal people. This is no less important for the tribal identity than theeffort to prevent alienation of land and land-related institutional rights oftribal people.
[Para 10.7.3]
(230) All areas governed by the Fifth Schedule to the Constitution shouldbe forthwith transferred to the Sixth Schedule extending the applicability ofthe Sixth Schedule to tribal areas other than the North Eastern States to whichalone the Sixth Schedule now applies, and all tribal areas which are neither inthe Fifth Schedule nor in the Sixth Schedule should also be brought forthwithunder the Sixth Schedule. Special programmes of training and orientation forthe elected representatives of the Sixth Schedule bodies and related officialsshould be undertaken and conducted regularly in order to secure the fullpotential of local developmental and administrative autonomy envisaged under theSixth Schedule.
[Para 10.7.4]
(231) The Government should step in firmly and clearly, if the gap is to bebridged between private prejudices, in the name of “efficiency” on the onehand and the just aspirations of the SC, ST, BC including BC minorities, andwomen. For this, the Government should take the initiative along the linessuggested in para 11.3 at pages 1412 and 1413 of Book-3, Volume-II.
[Para 10.7.5]
(232) Further, the Government should examine other economic and activitysectors at every level of each such sector and see whether the SCs and STs areadequately represented in each of them. If they are not, remedial measureseither through reservation or through other means should be undertaken to seethat they are adequately represented at every level in every such sector.Similar action should also be taken with regard to backward classes including BCminorities, especially More and Most Backward Classes and women of allcategories. This is possible, if non-economic prejudices are excluded, withoutwatering down the genuine requirements of efficiency.
[Para 10.7.6]
(233) Agriculturists and other traditional producing classes face certainadverse effects of sudden and unprepared exposure to the regimes of WTO, IPR,etc. In order to protect them from these adverse effects while at the same timeto secure the benefits of those regimes, a national convention should beconvened involving Ministers in charge of Ministries connected withglobalisation and Ministers in charge of Agriculture and other sectors oftraditional produce and authentic representatives of the peasant organizationsas well as organisations of other traditional producing classes, to identifyremedial Steps arrive at a consensus about them and these should be implementedquickly. There should be a continuing mechanism involving all these tocontinuously monitor implementation and corrections and modifications requiredfrom time to time.
[Para 10.7.7]
(234) Agriculturists and many other traditional producing classes suffer fromthe adverse effects of natural calamities like drought, cyclone, floods, etc. Asimilar national convention should identify the measures required to protectthem from such adverse effects of natural calamities including crop insurance,preparedness etc., arrive at a consensus about these measures and institute acontinuing machinery of continuous monitoring and corrections and modifications.
[Para 10.7.8]
(235) On the one hand, there should be an effective legal structure toprotect the SCs and STs against atrocities and discriminatory practices based onuntouchability and along with such structure and its efficient functioning andon the other hand, there should also be attitudinal change of a profound naturein the general society.
[Para 10.8.1]
(236) With regard to legal structure, the Scheduled Castes and ScheduledTribes (Prevention of Atrocities) Act, 1989 needs to be strengthened and itseffective enforcement ensured. This include the establishment of special courtsexclusively to try offences under this Act, inclusion of certain crimes in thelist of atrocities, certain penal provisions where they do not exist,appropriate plugging of certain loopholes and comprehensive rehabilitation ofvictims and so on. For this purpose, the measures suggested in para 8.2.1,8.2.2, 8.2.3, 8.3 and 8.4 (a) to (p) of Book-3, Vol.II at pages 1401 to 1404should be taken.
[Para 10.8.2]
(237) Regarding untouchability which continues to be widely prevalent in oldclassic forms as well as in new forms in line with modern developments,multi-pronged measures covering human rights education, moral education,building up of a strong democratic movement against untouchability and effectivepunitive action under the Protection of Civil Right Acts, 1955 (PCR Act) arerequired. In view of this, the entire gamut of measures suggested in paras 8.6to 8.8 at pages 1404 and 1405, Book-3, Vol.II should be taken.
[Para 10.8.3]
(238) The National Science and Technology Commission referred to in Chapter 6should also promote measures for extending the umbrella of modern science andtechnology and higher scientific and technological research to cover SCs, STsand BCs, women and other poor sections of the society, devise means by whichthey can also be introduced into this field and potential talent among themidentified and nurtured so that they also are enabled to contribute to theadvancement of higher scientific and technological research in the country andso that there is no feeling that they are shut out from this important area onaccount of non-scientific prejudices.
[Para 10.9]
(239) The Constitution of India contains distinct provisions for theprotection and promotion of the interests of Scheduled Castes and ScheduledTribes, Backward classes, women, minorities and other weaker sections. It isnecessary to strengthen these provisions by amendments, etc. and certain othersimilar steps. Accordingly, the amendments to the Constitution listed in para15 at pages 1417 and 1418 of Book-3, Vol.II, covering articles 46, 335, 16, 15and List III of the Seventh Schedule should be carried out.
[Para 10.10]
(240) As regards the minorities, the following shall be implemented:-
(a) Steps should be taken for improvement of educational standards amongstthe minority communities. Special programmes should be drawn up after the widestconsultation with the leaders of minority communities including leaders of BCs,SCs and STs among Minorities from academic, professional, business, andsocio-political spheres and from low-occupational spheres. Such programmesshould be generously funded. Only educational and cultural advancement will helpthe cause of national integration as well as raise the capabilities of thecommunities. This is the high road to national cohesion.
(b) At present the political representation of minority communities inlegislatures, especially Muslims, has fallen well below their proportion ofpopulation. The proportion of BCs among them is next to nil. This can lead to asense of alienation. It is recommended that in situations of this kind, it isincumbent for political parties to build up leadership potential in the minoritycommunities, including BCs, SCs and STs among them, for participation inpolitical life. The role of the state for strengthening the pluralism of Indianpolity has to be emphasised.
(c) Backward classes belonging to religious minorities who have beenidentified and included in the list of backward classes and who, in fact,constitute the bulk of the population of religious minorities should be taken upwith special care along with their Hindu counterparts in the developmentalefforts for the backward classes. This should be on the pattern of the approachto the development of Backward Classes formulated by the Working Group for theDevelopment and Empowerment of Backward Classes in the Tenth Plan referred toseparately under Backward Classes.
(d) An effort needs to be made to carry out special recruitment of personsbelonging to the underrepresented minority communities in the police forces ofStates, para military forces and armed forces.
[Para 10.11.2]
(241) In every State, the linguistic minorities should be provided thefacility of having instruction for their children at elementary stage ofeducation in their mother tongue. Numerous recommendations in this behalf andother matters have been made by the Commissioner for Linguistic Minorities inhis successive Annual Reports regarding the various problems faced by thelinguistic minorities. The Government of India in the Ministry of Social Justiceand Empowerment and the Ministry of Human Resources Development should collateall these recommendations and see that substantive action is taken on each ofthem.
[Para 10.11.3]
(242) The denotified tribes/communities have been wrongly stigmatized ascrime prone and subjected to highhanded treatment as well as exploitation by therepresentatives of law and order as well as by the general society. Some of themare included in the list of Scheduled Tribes and others are in the list ofScheduled Castes and list of backward classes. The special approach to theirdevelopment has been delineated and emphasized in the Reports of the WorkingGroups for the Development of Scheduled Tribes, Scheduled Castes and BackwardClasses in successive Plans and also in the Annual Reports of the Commissionersfor Scheduled Castes and Scheduled Tribes, National Commission for ScheduledCastes and Scheduled Tribes and the National Commission for Backward Classes.There are also special reports available on de-notified tribes. Theirrecommendations have not received attention. The Ministry of Social Justice andEmpowerment and the Ministry of Tribal Welfare should collate all thesematerials and recommendations contained in the reports of the working groups andthe reports of the National Commissions and other reports referred to andstrengthen the programmes for the economic development, educational development,generation of employment opportunities, social liberation and fullrehabilitation of denotified tribes. Whatever has been said about vimuktajatisalso holds good for nomadic and semi-nomadic tribes/communities. Similar actionshould be taken in respect of nomadic and semi-nomadic tribes/communities asdone in the case of de-notified tribes or vimuktajatis. The continued plight ofthese groups of communities distributed in the list of Scheduled Castes,Scheduled Tribes and backward classes is an eloquent illustration of the failureof the machinery for planning, financial resources allocation and budgeting andadministration in the country to seriously follow the mandate of theConstitution including article 46. The setting up of an integrated net work ofNational Scheduled Castes and Scheduled Tribes Development Authority, etc.recommended in para 10.5.2 to 10.5.3 will provide a structural mechanism to dealin a practical way with the vimuktajatis as well as nomadic and semi-nomadictribes/ communities within the frame work of the SCP and TsP. Similarly theapproach to the development of backward classes referred to at para 10.14contains the approach to deal in a practical way with the Vimuktajatis andnomadic and semi-nomadic tribes/communities who are in Backward Class list.
[Para 10.12.1]
(243) The Commission also considered the representations made on behalf ofthe De-notified and Nomadic Tribal Rights Action Group and decided to forwardthem to the Ministry of Social Justice & Empowerment with the suggestionthat they may examine the same preferably through a Commission.
[Para 10.12.2]
(244) The Union legislation for agricultural workers, drafted as far back as1978-80, should be introduced and passed immediately. A realistic scheme ofcredible implementation of minimum wages Acts with particular attention toagricultural labours, relying to a suitable degree on the district Collectors/Dy.Commissioners and district superintendents of police, should be immediately putinto action. For this purpose the measures suggested in para 17.2 at page 1413of Book 3 Vol.II should be followed.
[Para 10.13.2]
(245) Despite prohibition of begar and other forms of forced labour by theConstitution, the practice of bonded labour has not ended as it is patronised bythe most powerful sections in the rural areas. Child labour too is widespread.In order to deal effectively with this problem in keeping with the mandate ofthe Constitution, the Commission recommends that a fully empowered NationalAuthority for the Liberation and Rehabilitation of bonded labour, as recommendedby the Commission for Rural Labour in 1990-91, should be set up immediatelyalong with similar authorities at the State level. In addition, simultaneousrehabilitation of released Bonded Labourers and education for released bondedchild labourers and other measures referred to in para 19.2 at page 1414 of Book3,Vol.II should be taken.
[Para 10.14]
(246) The Government should immediately implement every one of therecommendations of the Working Group on Employment of Backward Classes in theTenth Plan which covers all aspects and fields of their development –Economic, Educational, social, employment, reservation, etc. – taking inwith particular care those backward classes who belong to religious minoritiesalong with their Hindu counterparts in a cohesive manner. For example, some ofthe residential talent schools earmarked for Backward Classes should be locatedin areas of concentration of Muslim B.Cs. Further there should be residentialtalent schools for backward classes as separately recommended for SCs and STs atthe rate of one each for boys and girls in each district, 75% being taken frombackward classes and 25% from other categories. The Government should withoutany delay introduce reservation for backward classes in seats in educationalinstitutions since absence of promotion of their education through reservationand other means when there is reservation of employment is anomalous.
[Para 10.15]
(247) Action in accordance with the suggestions made in para 16.2 at page1412 of Book 3 Vol.II, covering reservation, development, empowerment, healthincluding malnutrition and maternal anaemia and protection against violenceshould be taken.
[Para 10.16]
(248) The problems relating to prostitution, child prostitutes and childrenof prostitutes have been the subject of a landmark judgment of the Supreme Courtin Gaurav Jain's case of 9th July, 1997 and the Report of Committee ofSecretaries on Prostitution, Child Prostitutes and children of Prostitutes setup in 1997 as explained in para 20.1 and 20.2 at pages 1414 to 1415 of Book 3Vol.II. In respect of this area of problem, the Government should take actionaccording to the suggestion listed at para 20.3 at page 1415 of Book 3 of Vol.II, covering implementation of the judgement and the Secretaries’ report,eliminating the Devadasi system, provision of development and education andprevention of HIV / AIDS.
[Para 10.17]
