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  »   Udaan   »   National Commission For Scheduled Castes, Scheduled Tribes,

National Commission For Scheduled Castes, Scheduled Tribes, And Backward Classes

March 22, 2024 2407 0

 

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.
  • 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]
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.
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.
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).
  • 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:
    • 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.
  • 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.
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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UDAAN PRELIMS WALLAH
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