The Indian Constitution recognises that Scheduled Castes (SCs) and Scheduled Tribes (STs) have suffered long-standing social and economic disadvantages. To protect their rights and ensure social justice, the Constitution provides special safeguards and establishes independent constitutional bodies. The National Commission for Scheduled Castes and the National Commission for Scheduled Tribes are such bodies created to monitor these safeguards and to promote the welfare of SCs and STs.

Constitutional Articles to Constitute SC and ST Commissions

Article 338 – Scheduled Castes

Article 338 of the Constitution of India provides for the establishment of the National Commission for Scheduled Castes. It empowers the Commission to monitor the implementation of constitutional and legal safeguards meant for Scheduled Castes and to inquire into complaints regarding violations of their rights.

Article 338A – Scheduled Tribes

Article 338A provides for the establishment of the National Commission for Scheduled Tribes. This article was added by the 89th Constitutional Amendment Act, 2003, and came into force in 2004. It gives constitutional status to a separate commission to exclusively protect the interests of Scheduled Tribes.

Historical evidence highlights the long-standing oppression and systematic denial of equal opportunities to Scheduled Castes and Scheduled Tribes in India. After Independence, the Constitution guaranteed equality and special protection to these communities. Initially, Article 338 provided for a single Special Officer for both SCs and STs. Later, a combined commission was established. In 2004, recognising the distinct problems faced by SCs and STs, the government created two separate constitutional commissions for more focused attention.

Objectives of the Commissions

The main objective of the SC and ST Commissions is to safeguard the constitutional rights of Scheduled Castes and Scheduled Tribes. They aim to prevent discrimination and exploitation, promote social and economic development, and ensure that welfare schemes reach the intended beneficiaries. The commissions also seek to advise governments on policies that improve the status of SCs and STs.

Structure of the Commission

Each commission consists of a Chairperson, a Vice-Chairperson, and three other Members. All members are appointed by the President of India. The conditions of service and tenure are also determined by the President. The commissions function independently and are not under the direct control of the government. The first Chairperson of the National Commission for Scheduled Castes after its separation in 2004 was Suraj Bhan. The first Chairperson of the National Commission for Scheduled Tribes was Kunwar Singh, appointed in 2004. At present, the Chairperson of the National Commission for Scheduled Castes is Kishor Makwana, and the Chairperson of the National Commission for Scheduled Tribes is Harsh Chauhan. Students should keep themselves updated as these positions may change.

Functions of the Commission

·       The commissions investigate and monitor the working of safeguards provided to SCs and STs under the Constitution and other laws. They inquire into specific complaints related to discrimination, denial of rights, or atrocities. The commissions advise the Central and State Governments on policies and development programmes and submit annual and special reports to the President, which are placed before Parliament.

·       The National Commission for Scheduled Castes monitors the implementation of reservation policies in education and employment and the proper execution of the SC Sub-Plan. It addresses complaints related to caste-based discrimination and atrocities and conducts studies on issues such as manual scavenging, access to education, and scholarship schemes.

·       The National Commission for Scheduled Tribes focuses on protecting tribal land rights, culture, language, and traditions. It monitors the implementation of the Forest Rights Act, 2006, and ensures proper rehabilitation of tribal communities affected by development projects. It also advises governments on tribal welfare policies.

Importance of SC and ST Commissions

The SC and ST Commissions play a vital role in strengthening social justice and inclusive governance in India. They act as watchdogs to ensure that constitutional promises are translated into reality. By giving a voice to marginalized communities, they help bridge the gap between policy formulation and implementation.

The National Commissions for Scheduled Castes and Scheduled Tribes are essential constitutional institutions that protect the rights of vulnerable sections of society. Though advisory in nature, their constitutional status, investigative powers, and reporting role make them powerful instruments for promoting equality, dignity, and social transformation in India.