Difficulty: Medium
Correct Answer: All the reports of the Commission and its recommendations are laid only before the Lok Sabha.
Explanation:
Introduction / Context:
The National Commission for Scheduled Tribes is a constitutional body created to safeguard the interests of Scheduled Tribes in India. It has investigative, advisory, and reporting functions and enjoys powers similar to those of a civil court when inquiring into matters. Examination questions often probe understanding of how the Commission interacts with the Union and State Governments, how its reports are handled, and what powers it enjoys. This question asks which statement about the Commission is not correct.
Given Data / Assumptions:
Concept / Approach:
Under Article 338A, the Commission has the duty to investigate and monitor safeguards for Scheduled Tribes, inquire into complaints, and report to the President. The Union and State Governments are expected to consult the Commission on major policy matters affecting Scheduled Tribes. The Commission has the powers of a civil court in respect of summoning witnesses, requiring document production, and similar tasks. Reports of the Commission are submitted to the President, who then lays them before each House of Parliament, not only the Lok Sabha. The Commission is also empowered to regulate its own procedure. Hence, the statement that reports are laid only before the Lok Sabha is not correct.
Step-by-Step Solution:
Step 1: Examine the first statement, which says that the Union Government and every State Government must consult the Commission on important policy matters affecting Scheduled Tribes. This reflects the consultative function described in Article 338A and is broadly correct.
Step 2: Examine the second statement, which says that all reports of the Commission are laid only before the Lok Sabha. In reality, reports are presented to the President and then laid before both Houses of Parliament.
Step 3: Examine the third statement, which notes that the Commission has powers of a civil court while investigating matters. This is consistent with the Constitution.
Step 4: Examine the fourth statement, which states that the Commission can regulate its own procedure, which is also supported by the constitutional provisions.
Step 5: Conclude that the only incorrect statement is the one referring to reports being laid only before the Lok Sabha.
Step 6: Choose this statement as the answer.
Verification / Alternative check:
Verification can be done by recalling the reporting procedure of similar commissions, such as the National Commission for Scheduled Castes. In both cases, reports are submitted to the President, who then causes them to be laid before each House of Parliament, along with a memorandum explaining the action taken or proposed. Since the Constitution explicitly mentions both Houses in this process, any statement limiting the reports to the Lok Sabha alone must be wrong. Meanwhile, standard polity texts confirm the civil court powers and the ability of the Commission to regulate its own procedure.
Why Other Options Are Wrong:
The statement about consultation by Governments reflects the duty of the Union and States to seek the Commissions advice on major policy issues concerning Scheduled Tribes. The statement about civil court powers is correct, as the Commission can summon witnesses, require document production, and take evidence on oath. The statement about regulating its own procedure is also accurate, as the Constitution leaves procedural details to the Commission itself. Therefore, these three statements correctly describe aspects of the Commission and cannot be treated as incorrect.
Common Pitfalls:
A common error is to focus only on the Lok Sabha when thinking about parliamentary procedures and to forget that many constitutional bodies report to both Houses. Another pitfall is confusing the role of the President and Parliament in receiving and considering the Commissions reports. To avoid such mistakes, candidates should remember that most major commissions submit reports to the President, who then lays them before both Houses of Parliament.
Final Answer:
The statement that is not correct is that all reports of the National Commission for Scheduled Tribes are laid only before the Lok Sabha, because they are in fact laid before both Houses of Parliament.
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