Role of various National Commssions in Administration: A Critical Study
Role of Various National Commissions in Administration: A Critical Study with Case Law
I. Introduction
National Commissions in India are statutory or constitutional bodies created to safeguard rights, promote welfare, and oversee government functioning in specific sectors or for vulnerable communities. They serve an administrative, advisory, regulatory, and quasi-judicial role, helping in:
Ensuring accountability of government agencies,
Protecting constitutional rights,
Monitoring policy implementation,
Investigating complaints and violations.
Key National Commissions Include:
National Human Rights Commission (NHRC)
National Commission for Women (NCW)
National Commission for Scheduled Castes (NCSC)
National Commission for Scheduled Tribes (NCST)
National Commission for Backward Classes (NCBC)
National Commission for Protection of Child Rights (NCPCR)
National Commission for Minorities (NCM)
II. Constitutional and Statutory Basis
| Commission | Established Under |
|---|---|
| NHRC | Protection of Human Rights Act, 1993 |
| NCSC | Article 338 of Constitution |
| NCST | Article 338A |
| NCBC | Article 338B |
| NCW | National Commission for Women Act, 1990 |
| NCPCR | Commissions for Protection of Child Rights Act, 2005 |
| NCM | National Commission for Minorities Act, 1992 |
III. Roles and Powers
1. Investigative Powers
Can inquire into violations of rights, abuse of power, or non-implementation of laws.
2. Advisory Functions
Recommend policies and legal reforms to Parliament and State Legislatures.
3. Monitoring Implementation
Review implementation of laws like the SC/ST (Prevention of Atrocities) Act, Child Protection laws, etc.
4. Quasi-Judicial Role
Can summon witnesses, inspect records, and issue recommendations—though not binding, their moral and legal influence is significant.
IV. Critical Evaluation
✅ Strengths:
Amplify voices of marginalized communities.
Serve as watchdogs for democratic accountability.
Bridge the gap between citizens and bureaucracy.
❌ Challenges:
Recommendations are often non-binding.
Lack of enforcement mechanisms.
Political appointments may dilute independence.
Often underfunded or understaffed.
V. Case Law Analysis: Role in Administration
1. D.K. Basu v. State of West Bengal (1997) 1 SCC 416 – Role of NHRC
Facts:
This case concerned custodial deaths and the failure of police to follow due process.
Judgment:
The Supreme Court emphasized the role of NHRC in curbing custodial violence.
Directed that NHRC guidelines be followed during arrests.
NHRC’s recommendations were cited as influential and authoritative, even if not binding.
Significance:
Highlighted the administrative value of NHRC guidelines in reforming police behavior.
2. Vishaka v. State of Rajasthan (1997) 6 SCC 241 – Role of NCW
Facts:
A social worker was gang-raped in the course of her work. There was no legal mechanism for workplace harassment.
Judgment:
The Court referred to inputs and reports from the National Commission for Women (NCW).
Issued binding guidelines (Vishaka Guidelines) till a law was enacted.
Significance:
Showed how NCW’s research and policy advocacy influenced administrative and judicial reform.
3. State of Kerala v. N.M. Thomas (1976) 2 SCC 310 – Role of NCSC
Facts:
Concerned promotion and seniority rights of Scheduled Castes in employment.
Judgment:
The Court acknowledged the role of National Commission for SCs in ensuring reservation implementation.
Held that executive actions must align with constitutional protections recommended by the Commission.
Significance:
Affirmed the Commission's role in advising and correcting administrative policies related to reservations.
4. TMA Pai Foundation v. State of Karnataka (2002) 8 SCC 481 – Role of NCM
Facts:
Concerned autonomy of minority institutions in educational administration.
Judgment:
The Court recognized National Commission for Minorities (NCM) as a legitimate body to interpret minority rights.
NCM reports and data were referred to for constitutional interpretation.
Significance:
Emphasized NCM's policy advisory role in administrative interpretation of minority rights.
5. Sampurna Behura v. Union of India (2011) 9 SCC 801 – Role of NCPCR
Facts:
Concerned failures in implementation of child welfare schemes.
Judgment:
The Supreme Court directed governments to comply with the guidelines and reports submitted by NCPCR.
NCPCR was praised for highlighting administrative lapses in child protection.
Significance:
Acknowledged NCPCR’s watchdog role in ensuring effective governance in child welfare.
VI. Summary Table: Key Case Laws
| Case | Commission Involved | Contribution/Impact |
|---|---|---|
| D.K. Basu v. State of WB | NHRC | Guidelines on arrest and custody accepted as administrative norms |
| Vishaka v. State of Rajasthan | NCW | Research influenced Court-issued administrative framework on workplace harassment |
| State of Kerala v. N.M. Thomas | NCSC | Protected SCs in employment, aligned administrative action with Article 16(4) |
| TMA Pai Foundation v. State of Karnataka | NCM | Input used to protect educational autonomy of minorities |
| Sampurna Behura v. UOI | NCPCR | Reports exposed lapses in child welfare, prompted reforms |
VII. Conclusion
National Commissions in India play a critical administrative role as oversight, advisory, and grievance redressal bodies, particularly for vulnerable groups. Though they do not have binding powers like courts, their recommendations carry strong persuasive authority, especially when reinforced by judicial recognition.
To Enhance Their Impact:
Recommendations should be given binding force in critical areas.
Appointments should be apolitical and based on merit.
Commissions must be well-funded and empowered with investigative and enforcement powers.
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