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.

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This Story also Contains

1. About the National Commission for SCs
2. About the National Commission for Scheduled Tribes (NCST)
3. 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.

Functions of the National Commission for SCs

1. keeping an eye on and looking into any matter pertaining to the constitutional protections for the SCs.

2. investigating allegations about the SCs' rights and protections being violated.

3. Participating in and offering advice to the federal or state governments for the socio-economic development plans of the SCs.

4. Frequent updates on the application of these measures to the nation's president.

5. Urging action to be taken to support the SCs' additional welfare initiatives as well as their socioeconomic growth.

6. Any additional duty pertaining to the SC community's care, security, growth, and advancement.

7. 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):

Laws Governing the Improvement of SCs

1. Protection of Civil Rights Act of 1955: It seeks to end caste-based prejudice and untouchability in India.

2. SCs and the STs (Prevention of Atrocities) Act, 1989: It seeks to stop crimes committed in India against Scheduled Tribes and Scheduled Castes.

3. 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.

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.