Originally, the Constitution of India provided for a single officer to look after the interests of both Scheduled Castes (SCs) and Scheduled Tribes (STs). The 65th Constitutional Amendment Act of 1990 first replaced the one-man system with a multi-member National Commission for SCs and STs. Later, the 89th Constitutional Amendment Act of 2003 bifurcated this combined commission into two separate entities, effective from 2004.
1. National Commission for Scheduled Castes (Article 338)
This commission is a constitutional body dedicated to safeguarding the interests of Scheduled Castes in India.
Composition: It consists of a Chairperson, a Vice-Chairperson, and three other members, all appointed by the President of India.
Functions:
To investigate and monitor all matters relating to the constitutional and other legal safeguards for the SCs.
To inquire into specific complaints regarding the deprivation of rights and safeguards of the SCs.
To participate in and advise on the planning process of socio-economic development of the SCs.
Powers of a Civil Court: While investigating any matter or inquiring into any complaint, the Commission has all the powers of a Civil Court, including summoning witnesses and requiring the discovery and production of any document.
2. National Commission for Scheduled Tribes (Article 338A)
Created by the 89th Amendment, this body focuses specifically on the unique needs and geographical isolation of tribal communities.
Composition: Similar to the NC-SC, it comprises a Chairperson, a Vice-Chairperson, and three members with a three-year tenure. At least one member must be a woman.
Special Mandate: In addition to general investigative functions, it handles specific issues related to:
Minor Forest Produce (MFP) ownership rights for STs.
Measures to be taken to confer rights over land and water resources.
Prevention of alienation of tribal people from land.
Resettlement and rehabilitation of tribal groups displaced by development projects.
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