National Commission for SC, ST
Discrimination based on caste has always existed in India. Dr. B.R. Ambedkar, the Chairman of the Drafting Committee, and other members of the Constituent Assembly sought to require protection for the lower classes through the Constitution, India's supreme law, to control and ultimately eradicate such prejudice. Clause 1 of Articles 341 and 342 of the Constitution gave these communities the names Scheduled Castes and Scheduled Tribes, respectively. This is followed by the provision for the creation of the National Commission for the Scheduled Castes and Scheduled Tribes, respectively, found in Articles 338 and 338-A of the Indian Constitution. Unlike other national commissioners such as the National Commission for Women, the National Commission for Protection of Child Rights, and others, which are statutory entities, both national commissions are constitutionally constituted.
- About the National Commission for SCs
- About the National Commission for Scheduled Tribes (NCST)
- Conclusion
About the National Commission for SCs
The National Commission for Scheduled Castes (NCSC) is a constitutional entity.
The Indian Constitution's Article 338 addresses this commission.
Protecting the rights of Scheduled Castes (SCs) is its responsibility.
It looks into and keeps an eye on everything related to the protections offered to SCs.
The NCSC has its headquarters in New Delhi.
The Meaning of Scheduled Castes
Article 366(24) of the Indian Constitution states that "the term Scheduled Castes refers to those castes, races, tribes, or portions or groups within those castes, races, or tribes that are determined to be Scheduled Castes for this Constitution under Article 341."
As per the Indian Constitution, Article 341(1) permits the President to designate, by public notification, "the castes, races, or tribes which shall for the Constitution be deemed to be Scheduled Castes concerning that State or Union Territory, as the case may be," concerning any State or Union Territory, following consultation with the Governor.
As per the Indian Constitution, Article 341(2) permits Parliament to make laws that include or exclude any caste, race, or tribe from the list of Scheduled Castes mentioned in a notification issued under the aforementioned Clause (1). However, the notification issued under the said clause cannot be altered by a subsequent notification.
Note:
According to the 2011 Census, the Scheduled Castes account for 16.6% of the total population of the nation.
West Bengal, Tamil Nadu, and Uttar Pradesh have the highest concentrations of Scheduled Castes.
Historical Background of National Commission for SCs
Article 338 of the constitution originally allowed for the appointment of a Special Officer.
The Commissioner for Scheduled Castes and Scheduled Tribes was assigned to this special position.
In 1987, the government chose to create a multi-member commission rather than a one-member panel for the welfare of the SCs and STs in response to demand from a number of Members of Parliament.
The National Commission for Scheduled Castes and Scheduled Tribes, which had a single member, was replaced with a multi-person body by the 65th Amendment to the Constitution.
Article 338 of the Constitution was changed by the Constitution (65th Amendment) Act of 1990.
Five people made up the newly established National Commission for Scheduled Castes and Scheduled Tribes, excluding the Commission's chairman and vice-chairman.
With effect from 2004, the following Commission was substituted by the 89th Amendment in 2003: National Commission for Scheduled Castes and National Commission for Scheduled Tribes.
Under Suraj Bhan's direction, the first National Commission for Scheduled Castes was established in 2004.
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Functions of the National Commission for SCs
keeping an eye on and looking into any matter pertaining to the constitutional protections for the SCs.
investigating allegations about the SCs' rights and protections being violated.
Participating in and offering advice to the federal or state governments for the socio-economic development plans of the SCs.
Frequent updates on the application of these measures to the nation's president.
Urging action to be taken to support the SCs' additional welfare initiatives as well as their socioeconomic growth.
Any additional duty pertaining to the SC community's care, security, growth, and advancement.
To offer suggestions on the actions that the Union or a state ought to do to successfully apply those safeguards as well as other actions for the welfare, protection, and socioeconomic advancement of the SCs.
Note:
As it does with the SCs, the Commission must likewise carry out comparable duties concerning the Anglo-Indian Community.
Up until 2018, the Commission had to carry out comparable duties concerning the Other Backward Classes (OBCs). However, the 102nd Amendment Act of 2018 released it from this obligation.
Composition of NCSC
Shri Kishor Makwana, Chairman of the National SC Commission
The Chairperson, Vice-Chairperson, and three more members make up this group.
The President appoints them with a warrant that is sealed beneath his hand.
The President sets their terms of office and conditions of service.
Membership Tenure in the NCSC
The Chairperson, Vice Chairperson, and Members (Conditions of Service and Tenure) Rules of 2004 of the National Commission for Scheduled Castes state:
The tenure of the Chairperson, Vice-Chairperson, and other members of the National Commission for SCs is set at three years from the date of assumption of office.
The Vice-Chairperson, the Chairperson, and the other Members are not permitted to serve more than two terms in office.
Constitutional Provisions for Upliftment of the SCs
The Indian Constitution lays out a detailed plan for the progress of Scheduled Castes (SCs):
Articles related to the welfare of SCs | |
Articles | Subject Matter |
Article 15 | This article tackles the problem of discrimination based on caste, protecting and promoting Scheduled Castes (SCs) by outlawing discrimination against them in several contexts. |
Article 17 | This article outlaws the practice of untouchability in all its forms and abolishes it. It aims to end social discrimination and advance everyone's equality and dignity, with a specific focus on Scheduled Castes. |
Article 46 | This Article gives the State the authority to safeguard Scheduled Castes and other marginalised groups from social injustice and other types of exploitation while also advancing their economic and educational opportunities. |
Article 243D(4) | To guarantee their representation in proportion to their number in the region, this article requires the reservation of seats for Scheduled Castes in Panchayats or local self-government organisations. |
Article 243T(4) | According to their population in the municipality, Scheduled Castes must have a set number of seats reserved for them in urban local bodies, known as municipalities, under this article. |
Article 330 | The provision of seats reserved for Scheduled Castes in the Lok Sabha is outlined in this article. |
Article 332 | The Legislative Assemblies of the States shall reserve seats for members of the Scheduled Castes under this article. |
Laws Governing the Improvement of SCs
Protection of Civil Rights Act of 1955: It seeks to end caste-based prejudice and untouchability in India.
SCs and the STs (Prevention of Atrocities) Act, 1989: It seeks to stop crimes committed in India against Scheduled Tribes and Scheduled Castes.
The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013:
The Act's first goal is to locate and get rid of unsanitary latrines.
To forbid the use of manual scavengers in the workplace.
To outlaw the risky manual septic and sewage tank cleaning.
To recognise and train the manual scavengers.
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- Comptroller and Auditor General of India
- NITI Aayog
- Constitutional Bodies and Non-Constitutional Bodies
About the National Commission for Scheduled Tribes (NCST)
The Constitution (89th Amendment) Act, 2003 created the constitutional National Commission for Scheduled Tribes.
The Commission is a body that promotes the Scheduled Tribes' economic advancement in India. Article 338 deals with the NCST.
Meaning of Scheduled Tribes
Scheduled Tribes are those groups that are scheduled in line with Article 342 of the Constitution, as stated in Article 366(25) of the Constitution. Moreover, Scheduled Tribes are defined as tribes, tribal communities, or portions of these tribes and tribal communities that the President has designated as such by a public announcement (Article 342, Constitution).
Scheduled Tribes in India
The 2011 Census indicates that there are 104 million Scheduled Tribes or 8.6% of the total population of the nation. These Scheduled Tribes are mostly found in mountainous and forested areas of the nation.
The following are these communities' fundamental traits:
Primitive Characteristics
Geographical seclusion
Distinct culture
Fearful of interacting with the general public
Economically Regressive
Similar to the SCs, a three-pronged strategy of social empowerment, economic empowerment, and social justice is being used to accomplish the Plan's goal of empowering the tribal people.
Composition of NCST
Three full-time members, one vice-chairman
The chairperson makes up the NCST.
It is mandatory that one woman be included among the three members.
Each member of the Commission is appointed for a period of three years.
Historical Background of the National Commission for STs
Established on February 19, 2004, the National Commission for Scheduled Tribes (NCST) was established under Article 338A of the Indian Constitution.
The formation of a constitutional body that will specifically focus on the Scheduled Tribes community of India resulted from the need for special attention due to the differences between the Scheduled Castes and Scheduled Tribes in terms of their respective cultures, traditions, and other background elements.
Following in the footsteps of the National Commission for SCs, the 89th Amendment Act, of 2003 led to the creation of the NCST three times up to this point. These instances are as follows: February 19, 2004, saw the formation of the first commission; On June 14, 2007, the second commission got underway; On July 21, 2010, the third commission was established.
After Dr. Rameshwar Oraon was reappointed to the Commission's Chairperson post for the second time, Shri Ravi Thakur was assigned to the Vice-Chairperson role.
However, the two members' seats are now unfilled for the present commission because of the members that were appointed and their unexpected passing.
The President has the authority to designate, as well as set the terms of office and tenure for the Chairperson, Vice-Chairperson, and Commission members, the same as the National Commission for the Scheduled Castes.
Functions of the National Commission for STs
The NCST conducts investigations, keeps an eye on everything about protecting the constitutional rights of Scheduled Tribes, and assesses how well those rights are being implemented.
The NCST will look into particular complaints about the STs' rights and protections being violated.
The commission assesses the advancement of the different developmental initiatives in addition to taking part in and providing advice on the planning process for the socioeconomic development of the STs.
Every year a report detailing the effectiveness of such measures will be given to the President. The President will also receive supplemental reports as needed, in addition to the yearly reports.
The Commission will also provide reports on the steps that the federal government and several state governments need to take to ensure that the policies and safeguards for the welfare, development, and protection of the STs are implemented effectively.
The welfare, defence, and promotion of STs are among the other responsibilities of NCST.
Powers of the commissions
Since the Commissions are constitutional entities, they each have the authority to set rules for their operations. Subsequently, these organisations have been granted all the authority of a civil court. The NCSC and NCST have the following powers, which are derived from the same;
The NCSC is authorised to look for and produce records on the growth of indigenous groups; moreover, the Commission may accept testimony on affidavits.
The Commission has been granted civil court powers, which allow it to call witnesses or documents for examination.
When needed, the Commission's recommendations might be consulted by the Central and State governments to formulate policies.
The President of the country may also appoint additional authorities in addition to those listed above.
Conclusion
As this Article draws to a close, it is important to highlight that the two National Commissions under scrutiny have, to a decent amount, succeeded in bringing the communities of Scheduled Castes and Scheduled Tribes into the socio-economic mainstream. The Tribal Sub Plan (TSP) plan, the online grievance portal, and various other initiatives launched by the Indian government can assist in dispelling the long-standing stigma that these communities bear of being "backwards." The Supreme Court of India recently rendered a ruling in the case of Dr Subhash Kashinath Mahajan, challenging the Bombay High Court's ruling on the abuse of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amended Act 2015) and its implementation. The National Commission for Scheduled Castes has also taken note of this ruling.
Frequently Asked Questions (FAQs)
By modifying Article 338 and adding a new Article 338A to the Constitution by the Constitution (89th Amendment) Act, 2003, the National Commission for Scheduled Tribes (NCST) was created. Protecting the interests of India's scheduled castes is the objective of the National Commission for Scheduled Castes (NCSC), an organisation established by the Indian Constitution.
The Combined National Commission for Scheduled Castes and Scheduled Tribes was divided into two distinct organisations by the 89th Constitutional Amendments. By Article 338, the National Commission for Scheduled Castes was established.
Article 338 A created the National Commission for the Scheduled Tribes. The National Commission for Scheduled Castes (NCSC) is the subject of Article 338.
The Constitution (89th Amendment) Act, 2003 created the constitutional National Commission for Scheduled Tribes. The Commission is a body that promotes the Scheduled Tribes' economic advancement in India. Article 338 deals with the NCST.
A justice of the Supreme Court serves as the President of the National Commission.
While the Commission does not have judicial powers, it has been given the powers of a civil court while investigating any matter or inquiring into any complaint. This includes summoning witnesses, requiring documents, and receiving evidence on affidavits.
Article 338 provides for the establishment of the National Commission for Scheduled Castes and Scheduled Tribes, outlining its composition, duties, and powers. It gives constitutional status to the Commission, emphasizing the importance of protecting SC and ST rights.
The Commission plays an advisory role in policy-making by presenting reports to the President on the working of safeguards for SCs and STs. These reports are then placed before Parliament, influencing legislative and executive decisions.
The Commission is accountable to Parliament. It submits annual reports and special reports to the President, which are then placed before both Houses of Parliament for discussion.
The Commission can investigate specific complaints regarding the deprivation of rights and safeguards of SCs and STs. It can summon the concerned parties, examine witnesses, and collect evidence to address these complaints.
The National Commission for Scheduled Castes and Scheduled Tribes is a constitutional body established under Article 338 of the Indian Constitution. It is responsible for monitoring and safeguarding the rights and interests of Scheduled Castes (SCs) and Scheduled Tribes (STs) in India.
The main functions include investigating and monitoring matters relating to safeguards for SCs and STs, inquiring into specific complaints, participating and advising on the planning process for socio-economic development of SCs and STs, and evaluating the progress of their development under the Union and States.
The President of India appoints the Chairperson, Vice-Chairperson, and other members of the Commission. The appointments are made based on recommendations from the Union Government.
The National Commission for SC and ST is unique because it is a constitutional body, unlike many other commissions which are statutory. This gives it more authority and permanence in its role of protecting the rights of SCs and STs.
The Chairperson, Vice-Chairperson, and other members of the Commission hold office for a term of three years from the date they assume office.
While the Commission has the power to make recommendations, it does not have direct enforcement authority. Its recommendations are advisory in nature, but they carry significant weight due to the Commission's constitutional status.
Yes, the Commission can intervene in court cases involving the rights of SCs and STs. It can provide its expert opinion or assist the court in understanding issues related to these communities.
While state governments are not legally bound to implement the Commission's recommendations, they are expected to give them serious consideration due to the Commission's constitutional status. Ignoring these recommendations without valid reasons could lead to political and legal scrutiny.
The Commission participates in planning processes for socio-economic development of SCs and STs. It can recommend special measures, schemes, or policies to promote economic opportunities and reduce disparities.
The Commission works to protect and promote the cultural rights of SCs and STs, including their traditional practices, languages, and customs. It can recommend measures to preserve and promote their cultural heritage.
The Commission monitors the implementation of reservation policies in political bodies, including Parliament and state legislatures. It can recommend measures to ensure fair representation of SCs and STs in the political process.
The Commission works in coordination with various ministries, departments, and other government bodies to ensure the effective implementation of policies and programs for SCs and STs. It can also recommend inter-departmental actions when necessary.
The Commission can represent India in international forums discussing issues related to SCs and STs. It can share India's experiences and learn from global best practices in protecting the rights of marginalized communities.
The Commission addresses issues related to land rights of SCs and STs, including land alienation, displacement, and rehabilitation. It can investigate complaints and recommend measures to protect their land rights.
While the Commission cannot directly enforce its recommendations, it can follow up with the concerned authorities, highlight non-compliance in its reports to Parliament, and use its constitutional status to exert pressure for implementation.
The Commission recognizes that SCs and STs may face multiple forms of discrimination based on factors like gender, disability, or economic status. It addresses these intersectional issues in its investigations and recommendations.
The Commission monitors the implementation of reservation policies in education and employment. It can investigate complaints of non-compliance, recommend measures to improve implementation, and suggest policy changes if needed.
The Commission monitors health indicators and access to healthcare for SCs and STs. It can recommend measures to improve health services, address specific health challenges, and reduce health disparities affecting these communities.
The annual reports provide a comprehensive overview of the status of SCs and STs, highlight key issues, and make recommendations for improvement. These reports, presented to Parliament, serve as important policy documents and tools for accountability.
The Commission addresses issues of environmental justice affecting SC and ST communities, including displacement due to development projects, access to forest resources, and impact of environmental degradation on their livelihoods.
The Commission can recommend measures to promote entrepreneurship, including special schemes, access to credit, skill development programs, and policies to support SC and ST-owned businesses.
The Commission monitors access to digital technologies and skills among SCs and STs. It can recommend measures to bridge the digital divide, including special programs for digital literacy and access to technology.
The Commission monitors the implementation of laws against bonded labor, investigates cases, and recommends measures for the identification, release, and rehabilitation of bonded laborers from SC and ST communities.
The Commission recognizes the intersectionality of caste and gender and addresses specific issues faced by SC and ST women. It can recommend measures to promote gender equality and empower women within these communities.
The Commission monitors issues related to migration and displacement of SCs and STs, including rural-urban migration, displacement due to development projects, and rehabilitation measures. It can recommend policies to protect the rights of migrants and displaced persons.
The Commission can provide inputs for India's reports to international human rights bodies, particularly on issues related to SCs and STs. It can also monitor the implementation of recommendations from these international bodies.
The Commission monitors nutrition indicators among SC and ST children, investigates the implementation of nutrition programs, and can recommend special measures to address malnutrition in these communities.
The Commission promotes sustainable development by recommending measures that balance economic progress with social equity and environmental protection for SC and ST communities. It can suggest policies that ensure these communities benefit from development initiatives while preserving their cultural and environmental heritage.
The Commission reviews the implementation of laws, policies, and programs related to SCs and STs. It can conduct studies, research, and analysis to assess the effectiveness of these measures and recommend improvements.
The Commission organizes workshops, seminars, and public awareness campaigns to educate people about the rights and safeguards available to SCs and STs. It also publishes reports and studies to disseminate information.
The Commission monitors the educational progress of SCs and STs, including access to education, scholarship programs, and reservation policies in educational institutions. It can recommend measures to improve educational opportunities for these communities.
The Commission investigates cases of discrimination against SCs and STs in various spheres, including employment, education, and social life. It can recommend action against those found guilty of discrimination and suggest measures to prevent such incidents.
While the Ministry is part of the executive branch and implements policies, the Commission is an independent constitutional body that monitors, advises, and evaluates the government's efforts in protecting SC and ST rights.
Yes, the Commission has the power to conduct suo moto investigations into issues affecting SCs and STs, even without receiving a formal complaint.
The power to act as a civil court gives the Commission authority to summon witnesses, examine them under oath, and require the production of documents. This enhances its ability to investigate complaints and gather evidence effectively.
The Commission monitors the implementation of laws against untouchability, investigates complaints, and recommends measures to eradicate this practice. It also works to raise awareness about the illegality and immorality of untouchability.
The Commission can assist the judiciary by providing expert opinions on matters related to SCs and STs. Courts often seek the Commission's views in cases involving these communities.
The Commission monitors incidents of violence, investigates specific cases, and recommends measures for prevention and justice. It can also suggest amendments to existing laws or new legislation to better protect SCs and STs from violence.
The Commission works to address issues related to caste-based occupations, particularly those considered degrading or hazardous. It can recommend measures for rehabilitation, alternative employment, and eradication of such practices.
The Commission plays a crucial role in monitoring the implementation of this Act. It can investigate cases of atrocities, recommend measures for effective implementation, and suggest amendments to strengthen the Act.
The Commission investigates various forms of social exclusion faced by SCs and STs, recommends measures to promote social inclusion, and works to raise awareness about the importance of social integration.
The Commission monitors the implementation of laws prohibiting manual scavenging, investigates complaints, and recommends measures for the rehabilitation of people engaged in this practice. It also works to ensure the complete eradication of manual scavenging.
The Commission can initiate, support, and promote research on various issues affecting SCs and STs. It can use this research to inform its recommendations and to provide evidence-based inputs for policy-making.
The Commission works to promote inter-caste harmony through various measures, including awareness programs, educational initiatives, and recommendations for policies that foster social integration and reduce caste-based discrimination.
The Commission monitors cases of human trafficking involving SCs and STs, investigates complaints, and recommends measures for prevention, rescue, and rehabilitation of victims. It can also suggest policy measures to combat trafficking.
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