National Commission for SC, ST for CLAT - Practice Questions & MCQ

The National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST) are constitutional bodies established in India to protect and promote the rights and interests of marginalized and disadvantaged communities, namely Scheduled Castes (SCs) and Scheduled Tribes (STs). Here's a detailed understanding of these commissions:

1. National Commission for Scheduled Castes (NCSC):

• Role: The NCSC is a constitutional body established under Article 338 of the Indian Constitution. Its primary role is to monitor and safeguard the rights and interests of Scheduled Castes (SCs) in India.
• Functions: The NCSC has several crucial functions, including:
  • Investigating and inquiring into specific complaints related to the deprivation of rights and safeguards of SCs.
  • Ensuring the proper implementation of reservation policies in education, employment, and other fields.
  • Advising the government on matters related to the welfare and development of SCs.
  • Promoting socio-economic development and welfare of SCs through various programs and initiatives.
• Examples:
  • The NCSC plays a significant role in addressing cases of discrimination, atrocities, and violence against SCs, ensuring that justice is served and the rights of SCs are protected.
  • It monitors the reservation policies in educational institutions, government jobs, and legislative bodies to ensure equitable representation and opportunities for SCs.

2. National Commission for Scheduled Tribes (NCST):

• Role: The NCST, established under Article 338A of the Indian Constitution, is responsible for safeguarding the rights and interests of Scheduled Tribes (STs).
• Functions: The NCST's functions include:
  • Examining matters related to the constitutional safeguards provided to STs and making recommendations.
  • Reviewing the socio-economic progress of STs and suggesting measures for their welfare.
  • Advising the President on policies and programs for the development and protection of STs.
• Examples:
  • The NCST plays a vital role in ensuring that government policies and programs aimed at the welfare of STs are effectively implemented, leading to improvements in the living conditions and socio-economic status of ST communities.
  • It examines issues related to land alienation, displacement, and tribal rights to protect the interests of STs.

Constitutional Provisions:

• Article 338: This article deals with the establishment of the NCSC and outlines its composition, functions, and powers. It underscores the constitutional commitment to addressing the concerns of SCs.
• Article 338A: This article deals with the establishment of the NCST and emphasizes its role in protecting the rights and interests of STs. It underscores the commitment to the welfare of ST communities.

Case Law and Examples:

• M. Nagaraj v. Union of India (2006): In this landmark case, the Supreme Court interpreted Article 16(4A) of the Indian Constitution, which deals with reservation in promotions for SCs and STs.
• The court affirmed the importance of providing reservation in promotions to SCs and STs as a means to uplift these marginalized communities.

• Samta Andolan Samiti v. Union of India (1997): In this case, the Supreme Court upheld the powers and functions of the NCST and NCSC, emphasizing their roles in protecting the rights of STs and SCs. 
• The court also highlighted the significance of reviewing and ensuring the effective implementation of constitutional safeguards.