Body |
Scheduled Castes |
Scheduled Tribes |
Backward Classes |
Article |
- Originally: Art.338 provided for Special officers for Scheduled Castes (SC) & Scheduled Tribe.
- 1978: Non-statutory multi-member commission for SCs and STs (through resolution).
- 1987: Commission renamed as National Commission for Scheduled Castes (NCSC)s & National Commission for Scheduled Tribe (through resolution).
- 65th CAA 1990: multi-member National Commission for Scheduled Castes (NCSC)s & National Commission for Scheduled Tribe with constitutional status.
- 89th CAA 2003: Single commission separated into National Commission for Scheduled Castes (NCSC) (Art.338) & NCST (Art.338 A).
- The separate National Commission for Scheduled Castes (NCSC)s and National Commission for Scheduled Tribe came into existence in 2004.
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- Originally: National Commission for Backward Classes ( NCBC) was set up in 1993 as a Statutory body according to the Mandal case judgment of SC (1992).
- 102nd CAA, 2018: accorded Constitutional status with the insertion of new Art.338 B. [UPSC 2023]
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Article 338, Part XVI |
Article 338A, Part XVI |
Article 338B, Part XVI |
Appointment |
By President by warrant under his hand and seal. |
Members |
Chairperson + Vice Chairperson + 3 other members. |
Tenure |
- The President determines tenure and conditions of service of office.
- Under the Rules, they hold office for a term of three years. They are not eligible for appointment for more than two terms.
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Reports |
- Presents an annual report to the President.
- The President places all such reports before the Parliament.
- Also forwards any report of the Commission pertaining to a state government to the state Governor. The governor places it before the state legislature.
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Other Aspects |
- Power of civil court in certain matters.
- The Commission is vested with the power to regulate its own procedure.
- Discharges similar functions regarding the Anglo-Indian Community.
- Till 2018, the commission was also required to discharge similar functions with regard to OBCs.
- It was relieved by the creation of NCBC (Art.338B).
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- Power of civil court in certain matters.
- The Commission is vested with the power to regulate its own procedure.
- Measures for the implementation of the PESA Act, 1996.
- Measures to be taken to:
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- Reduce and ultimately eliminate the shifting cultivation practice by tribals.
- Improve the efficacy of relief and rehabilitation measures.
- To prevent alienation of tribal people.
- Conferring ownership rights in respect of MFPs.
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- Power of civil court in certain matters.
- The Commission is vested with the power to regulate its own procedure.
- Participate and advise on the socio-economic development of Socially and Educationally Backward Classes.
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Powers of Commissions |
These Commissions possess the powers akin to a civil court when investigating matters or inquiries, particularly concerning:
- Summoning and enforcing the attendance of any person and examining him on oath
- Requiring the discovery and production of any document;
- Receiving evidence on affidavits;
- Requisitioning any public record from any court/office;
- Issuing summons for the examination of witnesses and documents; and
- Any other matter which the President may determine.
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