Abstract:

1. Introduction

2. Article 338 in the Constitution of India 1949.

3. Composition of National Commission for Scheduled Castes.

4. Powers of SC Commission

5. Functions of SC Commission.

6. Composition of National Commission for Scheduled Tribes.

7. Powers of ST Commission.

8. Functions of ST Commission.

Article:

• Introduction:

1. Article 338 of the Constitution provides for the setting up of a National Commission for Scheduled Castes to investigate all matters relating to the safeguards provided for the Scheduled Castes under the Constitution. National Commission for Scheduled Castes is committed to the full implementation of the various Acts like the PCR Act, 1955 and SC and ST (POA) Act, 1989.

2. National Commission for Scheduled Castes is committed to the full implementation of the various acts like the PCR Act, 1955 and SC and ST (POA) Act, 1989. The NCSC will endeavor to ensure that the economic development schemes for SC population are implemented as per guidelines and every penny of SCP/SCSP is spent appropriately exclusively for the benefit of Scheduled Castes.

3. Article 338 A states that there shall be a Commission for the Scheduled Tribes (ST) known as the National Commission for the Scheduled Tribes. It is the duty of the commission to investigate all matters relating to the safeguards provided for the Scheduled Tribes under the Constitution. However, there are various functions and powers of the commission mentioned in the Constitution.

• Article 338 in The Constitution Of India 1949

338. Special Officer for Scheduled Castes, Scheduled Tribes etc.

(1) There shall be a Special Officer for the Scheduled Castes and Scheduled Tribes to be appointed by the President .

(2) It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for the Scheduled Castes and Scheduled Tribes under this Constitution and report to the President upon the working of those safeguards at such intervals as the President may direct, and the President shall cause all such reports to be laid before each House of Parliament .

(3) In this article references to the Scheduled Castes and Scheduled Tribes shall be construed as including references to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause ( 1 ) of Article 340, by order specify and also to the Anglo Indian community.

• Composition of National Commission for Scheduled Castes :

The National Commission for Scheduled Castes consists of the following –

• Chairman (Vijay Sampla is the current Chairman)

• Vice-Chairman

• Three other members The President appointed all of these members under his hand and seal. The status of the Chairman is of a cabinet minister, and the Vice-Chairman is like the minister of the state.

• Powers of the SC Commission:

(a) Summoning and enforcing the attendance of any person from any part of India and examining him on oath

(b) Requiring the discovery and production of any documents

(c) Receiving evidence on affidavits

(d) Requisitioning any public record or copy thereof from any court or office

(e) Issuing commissions for the examination of witnesses and documents

(f) Any other matter which the President may by rule, determine The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes However, as per our constitution and the rules and orders mentioned above, SCs in India have been categorized in various ways state wise. For instance, in Andhra Pradesh- adi-andhra and adi-dravida etc; Assam- hira, kaibartta etc

• Functions of National Commission for Scheduled Castes :

The following are the functions of the NCSC –

• All the safeguard provisions provided for the scheduled castes under the Constitution are investigated and monitored by the NCSC.

• The NCSC is involved in the inquiry of complaints related to deprivation in the provision of safeguard and rights of the SCs.

• NCSC reports the President on implementing these safeguards regularly.

• The NCSC recommends plans for the socio-economic development of the SCs. It also suggests steps that can be taken for the community’s welfare, protection, and advancement.

• Until 2018, the NCSC was responsible for discharging similar functions for the other backward classes (OBCs) as well. However, the 102nd Amendment Act of 2018 was relieved from this responsibility.

• The NCSC also discharges similar functions for the Anglo-Indian community.

• The NCSC sets up special courts to perform key monitoring activities. These special courts help speed the offences under the Civil Rights Act and the Atrocities Act.

• The NCSC also monitors the disposal rates of these courts. The NCSC has made several on-spot inquiries into complaints of atrocities.

• Composition of National Commission for Scheduled Tribes :

Constitutional Provisions As per the constitution:

• There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the Scheduled Tribes.

• The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.

• The Commission shall have the power to regulate its own procedure. However, the Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes. For example, the ST’s of India are Gond, Bhil in Andhra Pradesh; Apatani, Adi in Arunachal Pradesh etc.

• Powers of ST Commission –

a. Summon and enforce attendance of any person and examine on oath;

b. Discovery & production of any documents;

c. Receive evidence on affidavits;

d. Requisition any public record or copy thereof from any court or office;

e. Issue Commissions for examination of witnesses and documents; and

f. Any matter which President, by rule, may determine.

• Functions of ST Commission:

(a) To investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;

(b) To participate and advise on the planning process of socioeconomic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State;

(c) to make in such reports recommendation as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes; and

(d) To discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify.

(e) Measures that need to be taken over conferring ownership rights in respect of minor forest produce to the Scheduled Tribes living in forest areas.

(f) Measures to be taken to safeguard rights to the Tribal Communities over mineral resources, water resources etc. as per law.

(g) Measures to be taken for the development of tribes and to work for more viable livelihood strategies.

(h) Measures to be taken to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects.

(i) Measures to be taken to prevent alienation of tribal people from land and to effectively rehabilitate such people in whose case alienation has already taken place.

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References :

https://indiankanoon.org/doc/626485/ https://indiankanoon.org/doc/50707649/ https://vikaspedia.in/social-welfare/scheduled-tribes-welfare/the-national-commission-for-scheduled-tribes https://www.jagranjosh.com/general-knowledge/national-commission-for-scheduled-tribes-1438068299-1

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