Chapter 43: NATIONAL COMMISSION FOR SC AND ST

Introduction

It was created by the 65th amendment and replaced the special officer for SC and ST. By 89th amendment it was bifurcated and a National commission for SC was created.

Composition:

It has chairman, vice chairman and three other members. All appointed by the president. Their condition of service and tenure is determined by the president. Currently three years.

Chairman has status of a cabinet minister and vice chairman has a rank of a minister of state.

Functions of National commission for SC:

The functions of the SC Commission are:

(a) To investigate and monitor all matters relating to the constitutional and other legal safeguards for the SCs and to evaluate their working;

(b) To inquire into specific complaints with respect to the deprivation of rights and safeguards of the SC's;

(c) To participate and advise on the planning process of socio-economic development of the SCs and to evaluate the progress of their development under the Union or a state;

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

(e) To make recommendations as to the measures that should be taken by the Union or a state for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the SCs; and

(f) To discharge such other functions in relation to the protection, welfare and development and advancement of the SCs as the president may specify.

 

Functions of National commission for ST:

·      To investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under the 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 Tribes;

·      To participate and advise in the planning process of socio-economic development of the Scheduled Tribes 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 effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes, and

·      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.

 

The commission submits an annual report to the president. It can submit a report on any other time as it may seem right to it. Such a report is tabled by president in parliament along with Action taken on it and reasons for non acceptance of advice. Reports belonging to states are sent by president to concerned governors who do the same in respective legislatures.

 

Powers:

To regulate its procedure. Acts as a civil court when it tries a suit and can summon witness, official records, examine a person on oath, receive affidavits, any other function as the president determines.

It also has to perform same functions for any backward caste as president may determine and the Anglo Indian community. Centre and states have to consult these commissions while formulating policies for SC and ST.


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