Background of National Commision for SCs & STs

Hyderabad: For effective implementation of various safeguards provided in the Constitution for the SCs & STs and various other protective legislations, the Constitution provided for the appointment of a Special Officer under Article 338 of the Constitution. The Special Officer who was designated as Commissioner for SCs and STs was assigned the duty to investigate […]

Hyderabad: For effective implementation of various safeguards provided in the Constitution for the SCs & STs and various other protective legislations, the Constitution provided for the appointment of a Special Officer under Article 338 of the Constitution. The Special Officer who was designated as Commissioner for SCs and STs was assigned the duty to investigate all matters relating to the safeguards for SCs and STs in various statutes and to report to the President upon the working of these safeguards.

On persistent demand of the Members of Parliament that the Office of the Commissioner for SCs & STs alone was not enough to monitor the implementation of Constitutional safeguards, a proposal was moved for amendment of Article 338 of the Constitution (46th Amendment) for replacing the arrangement of one Member system with a Multi-Member system while the amendment to Article 338 was still under consideration, the Government decided to set up a Multi-Member Commission through an administrative decision vide Ministry of Home Affairs’ Resolution dated 21.7.1978. The first Commission for SCs & STs was, therefore, set up in August 1978 with Shri Bhola Paswan Shastri as Chairman and other four Members.

The functions of the Multi-Member Commission set up in 1978 were modified vide Ministry of Welfare’s Resolution dated 1-9-1987 and the Commission for SCs & STs was renamed the National Commission for Scheduled Castes and Scheduled Tribes. It was set up as a National Level Advisory Body to advise the Government on broad policy issues and levels of development of Scheduled Castes and Scheduled Tribes.
The statutory National Commission for Scheduled Castes and Scheduled Tribes (hereinafter referred to as the Commission) came into being consequent upon passing of the Constitution (Sixty-fifth Amendment) Bill, 1990 which was notified on 8-6-1990 and the Rules there under were notified on 3-11-1990.

Consequent to the Constitution (Eighty-Ninth Amendment) Act, 2003 ( the erstwhile National Commission for Scheduled Castes & Scheduled Tribes has been replaced by)

(1) National Commission for Scheduled Castes, and
(2) National Commission for Scheduled Tribes.

APPOINTMENT

The Chairperson and members of the NCSC are appointed by the President by warrant under his hand and seal.

COMPOSITION

Chairperson, Vice Chairperson and three members

CONDITIONS AND SERVICE

The conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members of the National Commission for Scheduled Castes are governed by the National Commission for Scheduled Castes Chairperson, Vice-Chairperson and Members (Conditions of Service and Tenure) Rules, 2004 notified by the Ministry of Social Justice. These Rules, inter alia, provide that:

The Chairperson shall be appointed from amongst eminent social-political workers belonging to the Scheduled Tribes, who inspire confidence amongst the Scheduled Castes by their very personality and record of selfless service;

The Vice-Chairperson and all other Members out of whom at least two shall be appointed from amongst persons belonging to the Scheduled Castes;
At least one other Member shall be appointed from amongst women.

TERM OF OFFICE

Every Member shall hold office for a term of three years from the date on which he/she assumes such office.
The Members shall not be eligible for appointment for more than two terms