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LATEST NEWS UPDATES | Nudge to get SC, ST stamp on policy by Sanjay K Jha

Nudge to get SC, ST stamp on policy by Sanjay K Jha

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published Published on Feb 23, 2012   modified Modified on Feb 23, 2012
-The Telegraph

The cabinet secretariat has issued a circular instructing all ministries at the Centre to “mandatorily” consult the national commissions for SCs and STs on any policy concerning the two sections.

The Centre seems to have woken up to the wanton violation of this rule by its own ministries and the states.

The circular, issued on February 16, said: “The ministries/departments are advised to ensure that the National Commission for SCs or STs, as the case may be, shall mandatorily be consulted by them before the finalisation of notes for consideration of the cabinet.”

The cabinet secretariat pointed out that the National Commission for Scheduled Castes and also the one for the Scheduled Tribes have not been consulted as envisaged under the Constitution on several major policy matters affecting the two backward sections of the population.

The two commissions are the highest statutory bodies for the welfare and protection of SCs and STs.

A separate directive will be sent to the states instructing them to get all policy decisions that affect SCs and STs vetted by the two commissions.

The departments and ministries have to approach the commissions through the administrative ministries under which the commissions fall. The commission for SCs is under the administration of the social welfare ministry. The ST commission falls under the tribal affairs ministry.

Going by the circular, if the home ministry wants to get a policy on SCs vetted, it has to approach the social welfare ministry, which will forward the policy to the SC commission.

The SC commission will get back to the home ministry through the social welfare ministry. The circular carries another instruction.

It says the “unabridged/unedited views” given by the commission concerned have to be attached with the cabinet note. This condition has been put so that the ministries are unable to alter or interpret the positions taken by the commissions.

The handbook on writing cabinet notes will be modified to include the circular.

Ministries generally ignore Section (9) of Article 338 of the Constitution that says that “the Union and every state government shall consult” the commissions.

The commissions, too, have been criticised for not carrying out their responsibilities seriously and restricting themselves to the job of investigating and monitoring atrocities against SCs and STs.

According to the provisions of Clause 5(c) of Article 338, the SC and ST commissions are required to advise ministries on the planning process for socio-economic development of the two sections and evaluate the progress of the policies.

The commissions are also required to present to the President annually, and whenever they deem fit, reports on the workings of constitutional safeguards for SCs and STs.

But the commissions have functioned largely as decorative pieces. The last time the commission for SCs was in the news was when it wanted to block the release of Aarakshan which dealt with the issue of reservation for backward sections.

The Telegraph, 23 February, 2012, http://www.telegraphindia.com/1120223/jsp/nation/story_15169543.jsp


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