Its Constitution, Term and Committees

In one line

Sections 4 to 9 fix a term not exceeding three years, provide staff and salaries out of grants, save proceedings from defects, permit the Commission to appoint committees and to co-opt non-members, and leave it to regulate its own procedure.

Section 4: term and conditions

4(1): the Chairperson and every Member shall hold office for such period, not exceeding three years, as may be specified by the Central Government.

This is weaker than the Minorities Commission's section 4(1), which fixes a term of three years. Not exceeding three years means the Government sets the period at the time of nomination, and a shorter appointment is possible. A tenure the appointing authority may set is a weaker guarantee of independence than a tenure the statute fixes, and the difference is worth a mark.

4(2): the Chairperson or a Member, other than the Member-Secretary who is a serving civil servant, may resign by writing under hand addressed to the Central Government.

4(3): the Central Government shall remove a person from the office of Chairperson or Member if that person becomes an undischarged insolvent; is convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude; becomes of unsound mind and stands so declared by a competent court; refuses to act or becomes incapable of acting; is without obtaining leave of absence from the Commission, absent from three consecutive meetings; or in the opinion of the Central Government has so abused the position of Chairperson or Member as to render that person's continuance in office detrimental to the interests of the general public.

Two observations.

The verb is shall, so removal on a stated ground is mandatory rather than discretionary, which is stronger than the Minorities Act's may.

But two grounds turn on the Government's opinion: whether an offence involves moral turpitude and whether the position has been abused. A ground resting on the opinion of the removing authority is a weak protection, and stating that keeps the assessment honest.

Sections 5 and 6: staff and money

Section 5: the Central Government shall provide the Commission with such officers and employees as may be necessary for the efficient performance of its functions, on such salaries, allowances and conditions of service as may be prescribed.

Note the difference from the Minorities Act. That statute requires the Government to provide a Secretary and other officers; this one requires only such officers and employees as may be necessary, because the Member-Secretary is provided for in section 3(2)(c) itself.

Section 6: the salaries and allowances of the Chairperson and Members, and the administrative expenses including salaries, allowances and pensions of the officers and employees, shall be paid out of the grants referred to in section 11(1).