National and state SC/ST commission

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National and state SC/ST commission

National SC commission

National Commission for Scheduled Castes (NCSC) is an Indian constitutional body established with a view to provide safeguards against the exploitation of Scheduled Castes to promote and protect their social, educational, economic and cultural interests, special provisions were made in the Constitution.

 

Functions

  • 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.
  • To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes.
  • 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 Union and any State.
  • To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards.
  • 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.
  • 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.

 

 

National ST commission

The National Commission for Scheduled Tribes (NCST) was established by amending ARTICLE 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003. By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely-

  • the National Commission for Scheduled Castes (NCSC),
  • (ii) the National Commission for Scheduled Tribes (NCST) w.e.f. 19 February, 2004.

Powers of the Commission

For Investigation and Inquiry, the Commission is vested with powers of a Civil Court having authority to:

  • Summon and enforce attendance of any person and examine on oath.
  • Discovery & production of any documents.
  • Receive evidence on affidavits.
  • Requisition any public record or copy thereof from any court or office.
  • Issue Commissions for examination of witnesses and documents.
  • And Any matter which President, by rule, may determine.

Functions of the Commission

  • To investigate & Monitor matters relating to Safeguards provided for STs under the Constitution or under other laws or under Govt. Order, to evaluate the working of such Safeguards.
  • To inquire into specific complaints relating to Rights & Safeguards of STs.
  • To participate and advise in the Planning Process relating to Socio-economic development of STs, and to evaluate the progress of their development under the Union and any State.
  • 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 implementation of 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 other functions in relation to the protection, welfare and development & advancement of the Scheduled Tribes, namely:
  • Measures that need to be taken over conferring ownership rights in respect of minor forest produce to the Scheduled Tribes living in forest areas.
  • Measures to be taken to safeguard rights to the Tribal Communities over mineral Resources, Water Resources etc. as per law.
  • Measures to be taken for the development of tribals and to work for move viable livelihood strategies.
  • Measures to be taken to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects.
  • 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.
  • Measures to be taken to elicit maximum cooperation and involvement of Tribal Communities for protecting forests and undertaking social afforestation.

State level SC/ST commission

Different states has founded SC/ST commissions to address the issues related to both the casts.

Role of State level commission:

  • The study the existing state of various provisions in the Constitutions and by the State Government for the Scheduled Castes and Tribes and suggest measures to fulfill the same.
  • To investigate various grievances raised by members from Scheduled Castes and Tribes.
  • To participate in the process of creation of schemes related to the economic upliftment of Scheduled Castes and Tribes and provide advice to the State Government regarding the same.
  • To take a review of matters registered under the Scheduled Castes / Tribes Atrocities Act 1989 and Protection of Civil Rights Act 1955.
  • To take review of the financial assistance to be given to the affected persons under the above mentioned acts. To accept and investigate grievances of SC/ST employees related to service.
  • To take a review of policies related to Scheduled Castes / Tribes. To provide advice to the State Government for rolling out beneficial schemes for Scheduled Castes and Tribes.

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The Constitution of India guarantees Equality to all citizens, irrespective of caste, religion, sex, or place of birth. However, the reality is that many people belonging to Scheduled Castes (SCs) and Scheduled Tribes (STs) continue to face discrimination and atrocities. To address this issue, the government has set up a number of institutions, including the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST).

The NCSC and the NCST are Statutory Bodies that were established in 1992 to safeguard the interests of SCs and STs. They are responsible for investigating complaints of discrimination and atrocities against SCs and STs, and for taking appropriate action to redress these grievances. The NCSC and the NCST also have the power to recommend measures to the government for the welfare of SCs and STs.

In addition to the NCSC and the NCST, there are also State Commissions for Scheduled Castes and State Commissions for Scheduled Tribes in each state. These commissions have the same powers and functions as the NCSC and the NCST, but they are limited to their respective states.

The government has also launched a number of schemes and programmes for the welfare of SCs and STs. These schemes and programmes cover a wide range of areas, including Education, EMPLOYMENT, Health, housing, and rural development.

The government has also taken a number of measures to prevent atrocities against SCs and STs. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is a special law that provides for stringent punishment for those who commit atrocities against SCs and STs. The government has also set up special courts to try cases under this Act.

The government has made significant progress in improving the lives of SCs and STs. However, there is still a long way to go. The NCSC and the NCST, along with the State Commissions, play a vital role in protecting the rights of SCs and STs. They must be given all the necessary support to carry out their work effectively.

The following are some of the key achievements of the NCSC and the NCST:

  • The NCSC and the NCST have investigated a large number of complaints of discrimination and atrocities against SCs and STs.
  • The NCSC and the NCST have taken action to redress the grievances of SCs and STs.
  • The NCSC and the NCST have recommended a number of measures to the government for the welfare of SCs and STs.
  • The NCSC and the NCST have played a vital role in raising awareness about the rights of SCs and STs.

The following are some of the challenges faced by the NCSC and the NCST:

  • The NCSC and the NCST are understaffed and underfunded.
  • The NCSC and the NCST face resistance from vested interests.
  • The NCSC and the NCST lack the necessary powers to effectively enforce their recommendations.

Despite these challenges, the NCSC and the NCST have made a significant contribution to the welfare of SCs and STs. They have played a vital role in protecting the rights of SCs and STs, and in raising awareness about their plight. The government must provide the NCSC and the NCST with the necessary support to enable them to carry out their work effectively.

What is the National Commission for Scheduled Castes?

The National Commission for Scheduled Castes (NCSC) is a statutory body established by the Constitution of India to safeguard the interests of Scheduled Castes (SCs) and to investigate all matters relating to the safeguards provided for them under the Constitution or under any other law.

What are the functions of the NCSC?

The functions of the NCSC are to:

  • Investigate all matters relating to the safeguards provided for SCs under the Constitution or under any other law;
  • Examine complaints with respect to the implementation of safeguards for SCs;
  • Take up with the appropriate authorities any matter relating to the welfare of SCs;
  • Advise the Central Government on all matters relating to the welfare of SCs;
  • Publish an annual report on its activities; and
  • Perform such other functions as may be prescribed by the Central Government.

What is the State Commission for Scheduled Castes?

The State Commission for Scheduled Castes (SCSC) is a statutory body established by the State Government to safeguard the interests of Scheduled Castes (SCs) and to investigate all matters relating to the safeguards provided for them under the Constitution or under any other law.

What are the functions of the SCSSC?

The functions of the SCSSC are to:

  • Investigate all matters relating to the safeguards provided for SCs under the Constitution or under any other law;
  • Examine complaints with respect to the implementation of safeguards for SCs;
  • Take up with the appropriate authorities any matter relating to the welfare of SCs;
  • Advise the State Government on all matters relating to the welfare of SCs;
  • Publish an annual report on its activities; and
  • Perform such other functions as may be prescribed by the State Government.

What are the qualifications for appointment as a member of the NCSC or SCSSC?

A person shall not be qualified for appointment as a member of the NCSC or SCSSC unless he/she is:

  • A citizen of India;
  • Not less than 35 years of age;
  • A person of ability, Integrity and standing;
  • Not a member of any political party; and
  • Not holding any Office of Profit under the Government of India or the Government of any State.

How are the members of the NCSC or SCSSC appointed?

The members of the NCSC or SCSSC are appointed by the President of India on the recommendation of a Selection Committee consisting of the Prime Minister, the Justice-of-india/”>Chief Justice of India, the Leader of the Opposition in the Lok Sabha, the Deputy Chairman of the Rajya Sabha, and the Minister of Social Justice and Empowerment.

What is the term of office of a member of the NCSC or SCSSC?

The term of office of a member of the NCSC or SCSSC is six years or until he/she attains the age of 70 years, whichever is earlier.

What is the procedure for removal of a member of the NCSC or SCSSC?

A member of the NCSC or SCSSC may be removed from office by the President on the ground of proved misbehaviour or incapacity after The Supreme Court has, on a reference made to it by the President, found that the member has been guilty of such misbehaviour or incapacity.

What are the powers and privileges of the NCSC or SCSSC?

The NCSC or SCSSC has the following powers and privileges:

  • To summon any person to appear before it;
  • To require any person to produce any document;
  • To take evidence on oath;
  • To issue commissions for the examination of witnesses;
  • To make inquiries into any matter relating to the safeguards provided for SCs;
  • To make recommendations to the Central Government or the State Government on any matter relating to the welfare of SCs;
  • To publish an annual report on its activities; and
  • To perform such other functions as may be prescribed by the Central Government.

What is the procedure for filing a complaint with the NCSC or SCSSC?

A complaint may be filed with the NCSC or SCSSC by any person who alleges that any provision of the Constitution or any other law relating to the safeguards provided for SCs has been violated in his/her case. The complaint should be in writing and should be accompanied by an affidavit stating the facts of the case.

What is the procedure for the disposal of a complaint by the NCSC or SCSSC?

On receipt of a complaint, the NCSC or SCSSC will investigate the matter and may, if it deems necessary, hold an inquiry.

The following are some MCQs on the topics of National and State SC/ST Commission:

  1. Which of the following is not a function of the National Commission for Scheduled Castes?
    (A) To investigate any matter relating to the safeguards provided for the Scheduled Castes under the Constitution or any other law for the time being in force or under any order of the Government of India or any State Government.
    (B) To take up with the appropriate authorities any matter which appears to the Commission to be necessary for the protection, welfare and advancement of the Scheduled Castes.
    (C) To review the implementation of the safeguards provided for the Scheduled Castes in the Constitution or any other law for the time being in force or under any order of the Government of India or any State Government.
    (D) To make recommendations to the Central Government or any State Government as to the measures that should be taken for the protection, welfare and advancement of the Scheduled Castes.

  2. Which of the following is not a function of the State Commission for Scheduled Castes?
    (A) To investigate any matter relating to the safeguards provided for the Scheduled Castes under the Constitution or any other law for the time being in force or under any order of the Government of India or any State Government.
    (B) To take up with the appropriate authorities any matter which appears to the Commission to be necessary for the protection, welfare and advancement of the Scheduled Castes.
    (C) To review the implementation of the safeguards provided for the Scheduled Castes in the Constitution or any other law for the time being in force or under any order of the Government of India or any State Government.
    (D) To make recommendations to the State Government as to the measures that should be taken for the protection, welfare and advancement of the Scheduled Castes.

  3. The National Commission for Scheduled Castes is headed by a:
    (A) Chairperson
    (B) Vice-Chairperson
    (C) Secretary
    (D) Member-Secretary

  4. The State Commission for Scheduled Castes is headed by a:
    (A) Chairperson
    (B) Vice-Chairperson
    (C) Secretary
    (D) Member-Secretary

  5. The National Commission for Scheduled Castes has:
    (A) 5 members
    (B) 6 members
    (C) 7 members
    (D) 8 members

  6. The State Commission for Scheduled Castes has:
    (A) 5 members
    (B) 6 members
    (C) 7 members
    (D) 8 members

  7. The Chairperson and members of the National Commission for Scheduled Castes are appointed by the:
    (A) President of India
    (B) Prime Minister of India
    (C) Chief Justice of India
    (D) Union Minister of Social Justice and Empowerment

  8. The Chairperson and members of the State Commission for Scheduled Castes are appointed by the:
    (A) Governor of the State
    (B) Chief Minister of the State
    (C) Chief Justice of the State
    (D) State Minister for Social Justice and Empowerment

  9. The term of office of the Chairperson and members of the National Commission for Scheduled Castes is:
    (A) 3 years
    (B) 4 years
    (C) 5 years
    (D) 6 years

  10. The term of office of the Chairperson and members of the State Commission for Scheduled Castes is:
    (A) 3 years
    (B) 4 years
    (C) 5 years
    (D) 6 years

  11. The National Commission for Scheduled Castes is located in:
    (A) New Delhi
    (B) Chennai
    (C) Kolkata
    (D) Mumbai

  12. The State Commission for Scheduled Castes is located in:
    (A) The State capital
    (B) The district headquarters
    (C) The tehsil headquarters
    (D) The block headquarters

  13. The National Commission for Scheduled Castes has the power to:
    (A) Summon any person to give evidence or produce documents
    (B) Require any person to furnish information on any matter under its investigation
    (C) Conduct inquiries into any matter relating to the safeguards provided for the Scheduled Castes
    (D) All of the above

  14. The State Commission for Scheduled Castes has the power to:
    (A) Summon any person to give evidence or produce documents
    (B) Require any person to furnish information on any matter under its investigation
    (C) Conduct inquiries into any matter relating to the safeguards provided for the Scheduled Castes
    (D) All of the above

  15. The National Commission for Scheduled Castes has the

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