Wednesday 14 December 2016

NATIONAL COMMISSIONS FOR SCs, STs


The National Commission for Scheduled Castes and Scheduled Tribes was originally formed in
1978, as the Commission for Scheduled Castes and Scheduled Tribes.

The main functions of the Commission include: 

1. Monitoring issues involving constitutional safeguards provided for SC/STs

2. Enquiring into specific complaints with respect to the deprivation of rights and safeguards of
SC/STs.

3. Reporting to the President of India regarding the functioning of these safeguards

4. Recommending measures that should be taken by the Union or any state for the effective
implementation of these safeguards and other measures for the protection, 
welfare, and socio-economic development of SC/STs.

The NCSCST was bifurcated into two separate commissions NCSC and NCST in 2004 and
operate as independent entities.

Functions and Duties of the Scheduled Castes Commission 

The functions, duties and power of the Commission have been laid down in clauses (5),
(8) and (9) of the Article 338 of the Constitution. 

Clause (5): It shall be the duty of the Commission
(a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled
Castes 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 inquire into specific complaints with respect to the deprivation of rights and safeguards of
the Scheduled Castes;

 (c) to participate and advise on the planning process of socio-economic development of the
Scheduled Castes and to evaluate the progress of their development under the Functions of Union
and any State;

(d) to present to the President, annually and at such other times as the Commission may
deem fit, reports upon the working of those safeguards; 

(e) to make in such reports recommendations 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 Castes; and

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


The Commission shall have all the powers of a civil court trying a suit; 

a)it can summon, enforce the attendance of any person from any part of India and examining him
on oath; 
b)the discovery and 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 the examination of witnesses and documents;

 (f) Any other matter which the President may by rule, determine;

 Clause (9) The Union and every State Government shall consult the Commission on all major
policy matters affecting Scheduled Castes.

Functions and Duties of the Scheduled Tribes Commission

Under Clause (5) of Article 338A, the Commission performs the duties as follows:
 a)To investigate & Monitor matters relating to Safeguards provided for STs under the
Constitution or under other laws or under Govt. Order,


b) to evaluate the working of such Safeguards;

c) to inquire into specific complaints relating to Rights & Safeguards of STs;

d) to participate and Advise in the Planning Process relating to Socio-economic development of
STs, 

e) to evaluate the progress of their development under the Union and any State;

f)to submit report to the President annually and at such other times as the Commission
may deem fit, upon/ working of Safeguards, Measures required for effective implementationof
Programmers/ Schemes relating to Welfare and Socio-economic development of STs; to
discharge such other functions in relation to STs as the President may, subject to the provisions of
any law made by Parliament, by rule specify; 

The Commission would also discharge the following functions with regard to the protection,
welfare, development and advancement of the Scheduled Tribes. It takes measures:
a) over conferring ownership rights in respect of minor forest produce to the Scheduled Tribes
living in forest areas;
b) to safeguard rights to the Tribal Communities over mineral resources, water resources etc. as
per law; 
c)for the development of tribals and to work for more viable livelihood strategies;

d) to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by
development projects; 

e)to prevent alienation of tribal people from land and to effectively rehabilitate such people in
whose case alienation has already taken place; 

f)to elicit maximum cooperation and involvement of Tribal Communities for protecting forests
and undertaking social afforestation;

g) to ensure full implementation of the Provisions of Panchayats (Extension to the Scheduled
Areas) Act, 1996 (40 of 1996); 

h)to reduce and ultimately eliminate the practice of shifting cultivation by Tribals that lead to
their continuous disempowerment and degradation of land and the environment.

 

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