Indian Polity — National Commissions, Attorney General, Advocate General & GST Council
1. National Commission for Scheduled Castes (NCSC)
Establishment
- Article 338
Major Objective
- To provide safeguards against the exploitation of the Scheduled Castes as well as to protect their social, economic, educational, and cultural interests.
Composition
- A Chairperson, a Vice-Chairperson, and three other members.
Appointment and Tenure
- By the President of India.
- Term: 3 years.
- Not eligible for the appointment for more than two terms.
NCSC — KEY FACTS
- Article: 338
- Composition: Chairperson + Vice-Chairperson + 3 members
- Appointed By: President
- Term: 3 years (max 2 terms)
2. National Commission for Scheduled Tribes (NCST)
Establishment
- Article 338-A
Major Objective
- To provide safeguards against the exploitation of the Scheduled Tribes as well as to protect their social, economic, educational, and cultural interests.
Composition
- A Chairperson, a Vice-Chairperson, and three other members.
Appointment and Tenure
- By the President of India.
- Term: 3 years.
- Not eligible for the appointment for more than two terms.
NCST — KEY FACTS
- Article: 338-A
- Composition: Chairperson + Vice-Chairperson + 3 members
- Appointed By: President
- Term: 3 years (max 2 terms)
3. National Commission for Backward Classes (NCBC)
Establishment
- Article 338-B.
- 102nd Constitutional Amendment Act of 2018 conferred a constitutional status on the Commission.
Major Objective
- To provide safeguards against the exploitation of the socially and educationally Backward Classes (BCs) as well as to protect their social, economic, educational, and cultural interests.
Composition
- A Chairperson, a Vice-Chairperson, and three other members.
Appointment and Tenure
- By the President of India.
- Term: 3 years.
- Not eligible for the appointment for more than two terms.
NCBC — KEY FACTS
- Article: 338-B
- Constitutional Status: 102nd CAA, 2018
- Composition: Chairperson + Vice-Chairperson + 3 members
- Appointed By: President
- Term: 3 years (max 2 terms)
4. Special Officer for Linguistic Minorities (CLM)
Establishment
- The 7th Constitutional Amendment Act of 1956 inserted a new Article 350-B in Part XVII of the Constitution.
Major Objective
- To investigate all matters related to safeguards provided to linguistic minorities.
- To monitor the implementation of safeguards through questionnaires, visits, conferences, seminars, meetings, review mechanisms, etc.
Composition
- The Commissioner for Linguistic Minorities (CLM) — One membered body.
Appointment and Tenure
- By the President of India.
- It falls under the purview of the Ministry of Minority Affairs.
CLM — KEY FACTS
- Article: 350-B (added by 7th CAA, 1956)
- Part: Part XVII
- Nature: One membered body
- Appointed By: President
- Under: Ministry of Minority Affairs
5. Attorney General of India
Establishment
- Article 76 has provided for the office of the Attorney General for India.
Major Objective
- Acts as the chief law officer of the Government of India. He/She is the highest law officer in the country.
Qualification
- He must be a person who is qualified to be appointed a judge of the Supreme Court.
Appointment and Tenure
- By the President of India.
- Term is not fixed by the Constitution.
Resignation and Remuneration
- Can resign by writing to the President of India.
- Remuneration: Determined by the President.
ATTORNEY GENERAL — KEY FACTS
- Article: 76
- Role: Chief Law Officer of India
- Qualification: Qualified to be SC judge
- Appointed By: President
- Term: Not fixed by Constitution
- Remuneration: Determined by President
- Resignation: To President
6. Advocate General of the States
Establishment
- Article 165 has provided for the office of the Advocate General for the states.
Major Objective
- Acts as chief law officer of the government in the state. He/She is the highest law officer in the state.
Qualification
- He must be a person who is qualified to be appointed a judge of a High Court.
Appointment and Tenure
- By the Governor of the State.
- Term: Not fixed by the Constitution.
Resignation and Remuneration
- Can resign by writing to the Governor of the State.
- Remuneration: Determined by the Governor.
ADVOCATE GENERAL — KEY FACTS
- Article: 165
- Role: Chief Law Officer of the State
- Qualification: Qualified to be HC judge
- Appointed By: Governor
- Term: Not fixed by Constitution
- Remuneration: Determined by Governor
- Resignation: To Governor
7. GST Council
Establishment
- 101st Constitutional Amendment Act of 2016 inserted a new Article 279-A in the Constitution.
Major Objective
- To make recommendations to the Centre and the states on the following matters:
- The taxes, cesses and surcharges levied by the Centre, the States and the local bodies that would get merged in GST.
- The goods and services that may be subjected to GST or exempted from GST.
Composition
- The Union Finance Minister as the Chairperson.
- The Union Minister of State in charge of Revenue or Finance.
- The Minister in charge of Finance or Taxation or any other Minister nominated by each State Government.
- The Chairperson of the Central Board of Indirect Taxes and Customs (CBIC) is a permanent invitee (non-voting) to all proceedings of the Council.
- The members of the Council from the states have to choose one amongst themselves to be the Vice-Chairperson of the Council. They can also decide his term.
Secretariat
- New Delhi. The Union Revenue Secretary acts as the ex-officio Secretary to the Council.
GST COUNCIL — KEY FACTS
- Article: 279-A (inserted by 101st CAA, 2016)
- Chairperson: Union Finance Minister
- Vice-Chairperson: Chosen by state members
- Permanent Invitee: Chairperson of CBIC (non-voting)
- Secretariat: New Delhi
- Secretary: Union Revenue Secretary (ex-officio)
8. Comparison — National Commissions
| Feature | NCSC | NCST | NCBC |
|---|---|---|---|
| Article | 338 | 338-A | 338-B |
| Constitutional Status | Original | Original | 102nd CAA, 2018 |
| Composition | Chairperson + Vice-Chairperson + 3 members | ||
| Appointed By | President of India | ||
| Term | 3 years (max 2 terms) | ||
| Objective | SCs | STs | BCs |
9. Summary: Constitutional Bodies at a Glance
| Body | Article | Appointed By | Term | Key Feature |
|---|---|---|---|---|
| NCSC | 338 | President | 3 years (max 2 terms) | Scheduled Castes |
| NCST | 338-A | President | 3 years (max 2 terms) | Scheduled Tribes |
| NCBC | 338-B | President | 3 years (max 2 terms) | Backward Classes (102nd CAA, 2018) |
| CLM | 350-B | President | - | Linguistic Minorities (7th CAA, 1956) |
| Attorney General | 76 | President | Not fixed | Chief Law Officer of India |
| Advocate General | 165 | Governor | Not fixed | Chief Law Officer of State |
| GST Council | 279-A | - | - | Chairperson: Union Finance Minister (101st CAA, 2016) |
Key Takeaways for UPSC
- NCSC: Article 338 — SCs — President appoints — 3 years (max 2 terms)
- NCST: Article 338-A — STs — President appoints — 3 years (max 2 terms)
- NCBC: Article 338-B — 102nd CAA, 2018 — BCs — President appoints — 3 years (max 2 terms)
- CLM: Article 350-B — 7th CAA, 1956 — Linguistic Minorities — President appoints
- Attorney General: Article 76 — Chief Law Officer of India — President appoints — Term not fixed
- Advocate General: Article 165 — Chief Law Officer of State — Governor appoints — Term not fixed
- GST Council: Article 279-A — 101st CAA, 2016 — Chairperson: Union Finance Minister
High-Yield Interactive UPSC Quiz (National Commissions & Constitutional Bodies)
Q1. The National Commission for Scheduled Castes is established under which Article?
Correct Answer: B. The National Commission for Scheduled Castes is established under Article 338 of the Constitution.
Q2. The National Commission for Backward Classes (NCBC) was given constitutional status by which amendment?
Correct Answer: C. The 102nd Constitutional Amendment Act of 2018 conferred constitutional status on the National Commission for Backward Classes (NCBC).
Q3. What is the term of office for members of NCSC, NCST, and NCBC?
Correct Answer: B. The term of office for members of NCSC, NCST, and NCBC is 3 years, and they are not eligible for more than two terms.
Q4. The Commissioner for Linguistic Minorities is established under which Article?
Correct Answer: D. The Commissioner for Linguistic Minorities is established under Article 350-B, inserted by the 7th Constitutional Amendment Act of 1956.
Q5. The Attorney General of India is appointed under which Article?
Correct Answer: C. The Attorney General of India is appointed under Article 76 of the Constitution.
Q6. The Advocate General of a state is appointed by:
Correct Answer: B. The Advocate General of a state is appointed by the Governor of the state under Article 165.
Q7. The GST Council is established under which Article?
Correct Answer: B. The GST Council is established under Article 279-A, inserted by the 101st Constitutional Amendment Act of 2016.
Q8. The Chairperson of the GST Council is:
Correct Answer: B. The Union Finance Minister is the Chairperson of the GST Council.
Q9. The Attorney General of India must be qualified to be appointed as:
Correct Answer: B. The Attorney General of India must be a person who is qualified to be appointed a judge of the Supreme Court.
Q10. The National Commission for Scheduled Tribes (NCST) is established under:
Correct Answer: B. The National Commission for Scheduled Tribes (NCST) is established under Article 338-A of the Constitution.