Laxmikanth Test: National Commission For SCs & STs - UPSC MCQ

Both statements 1 and 2 are correct.

The 89th Constitutional Amendment Act, 2003 was passed to provide for better safeguards for the Scheduled Tribes. One of the provisions of the amendment was to bifurcate the existing National Commission for Scheduled Castes and Scheduled Tribes into two separate commissions, namely, the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes. This was done in order to ensure that the interests of the Scheduled Tribes are safeguarded more effectively.

The National Commission for Scheduled Tribes (NCST) is a statutory body established under Article 338A of the Constitution of India. The NCST was set up on 19 February 2004 with the objective of protecting, promoting and safeguarding the interests of the Scheduled Tribes. The NCST has the following functions:

• To investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under the Constitution or under any other law for the time being in force or under any other order of the Government;
• To evaluate the working of such safeguards;
• To make recommendations to the Central Government and the State Governments on the measures required to be taken for the protection, development and welfare of the Scheduled Tribes;
• To advise the Central Government and the State Governments on any matter relating to the welfare of the Scheduled Tribes;
• To take up such other work as may be entrusted to it by the Central Government or the State Governments.

The NCST is headed by a Chairperson who is appointed by the President of India on the recommendation of the Prime Minister. The Chairperson is assisted by a Vice-Chairperson and a few members. The NCST has its headquarters in New Delhi and has regional offices in different parts of the country.

The correct answer is B: 2 Only.
Explanation:
1. The separate National Commission for Scheduled Tribes (NCST) came into existence in 2004, not in 1999. The NCST was established by amending the Constitution (Eighty-ninth Amendment) Act, 2003. Before this amendment, there was a combined National Commission for Scheduled Castes and Scheduled Tribes.
2. The composition of the National Commission for STs is correct. It consists of:
- A Chairperson
- A Vice-Chairperson
- Three other members
Hence, only statement 2 is correct.

The correct answer is: C. Both 1 and 2

The National Commission for Scheduled Castes and Scheduled Tribes (NCSC) was established under Article 338 of the Constitution of India with the objective of monitoring all the safeguards provided for the SCs and STs under the Constitution or other laws. The NCSC was set up in 1992, following the passing of the 65th Constitutional Amendment Act of 1990.

The NCSC is a statutory body that is responsible for protecting the rights of SCs and STs. The Commission has the power to investigate complaints of discrimination against SCs and STs, and to make recommendations to the government on measures to improve their social and economic conditions.

The NCSC is headed by a Chairperson, who is appointed by the President of India. The Chairperson is assisted by a Vice-Chairperson and a number of other members. The NCSC has its headquarters in New Delhi, and has regional offices in different parts of the country.

The NCSC plays an important role in safeguarding the rights of SCs and STs. The Commission has been successful in raising awareness about the problems faced by these communities, and in bringing about positive changes in their lives.

All 3 statements are correct.

The National Commission for Scheduled Tribes (NCST) is a statutory body established under Article 338A of the Constitution of India. The NCST was set up on 19 February 2004 with the objective of protecting, promoting and safeguarding the interests of the Scheduled Tribes.

The NCST has the following functions:

• To investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under the Constitution or under any other law for the time being in force or under any other order of the Government;
• To evaluate the working of such safeguards;
• To make recommendations to the Central Government and the State Governments on the measures required to be taken for the protection, development and welfare of the Scheduled Tribes;
• To advise the Central Government and the State Governments on any matter relating to the welfare of the Scheduled Tribes;
• To take up such other work as may be entrusted to it by the Central Government or the State Governments.

The NCST is headed by a Chairperson who is appointed by the President of India on the recommendation of the Prime Minister. The Chairperson is assisted by a Vice-Chairperson and a few members. The NCST has its headquarters in New Delhi and has regional offices in different parts of the country.

In addition to the above, the NCST also has the following powers:

• To call for information from any person or authority;
• To examine any record;
• To require the attendance of any person and to examine him on oath;
• To commission any inquiry;
• To publish its reports.

The NCST has been successful in playing an important role in safeguarding the rights of Scheduled Tribes. The Commission has been successful in raising awareness about the problems faced by these communities, and in bringing about positive changes in their lives.

The correct answer is C: 1 and 3 Only.
Explanation:
1. Formation of a separate National Commission for STs:
- In order to safeguard the interests of the Scheduled Tribes (STs) more effectively, it was proposed to set up a separate National Commission for STs by bifurcating the existing combined National Commission for Scheduled Castes (SCs) and STs.
2. 89th Constitutional Amendment Act, 2003:
- This was done by passing the 89th Constitutional Amendment Act of 2003 (not the 65th Constitutional Amendment Act as mentioned in statement 2).
- This Act further amended Article 338 and inserted a new Article 338-A in the Constitution.
Statement 2 is incorrect because it mentions the 65th Constitutional Amendment Act of 2003, while the correct Amendment Act is the 89th Constitutional Amendment Act of 2003.

The correct answer is A.

1. The separate National Commission for STs came into existence in 2004.

2. It consists of a chairperson, a vice-chairperson and three other members.

3. Their conditions of service and tenure of office are determined by the President.

Statement 3 is incorrect because the conditions of service and tenure of office of the members of the National Commission for STs are determined by the President, not the Parliament.

The correct answer is A: 1 and 2 Only.
Explanation:
The National Commission for Scheduled Tribes (NCST) is an Indian constitutional body that was established through the 89th Constitutional Amendment Act of 2003. The primary functions of the commission are:
1. Measures to be taken to elicit maximum cooperation and involvement of tribal communities for protecting forests and undertaking social afforestation:
- The NCST aims to involve tribal communities in the protection and conservation of forests and encourages them to participate in social afforestation programs. This helps in the sustainable use of forest resources and the overall development of the tribal communities.
2. Measures to be taken to ensure full implementation of the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996:
- The NCST plays a crucial role in ensuring the proper implementation of the Panchayats (Extension to the Scheduled Areas) Act, 1996. This Act extends the provisions of the Panchayati Raj system to the Scheduled Areas, thereby empowering the tribal communities with greater autonomy and self-governance.
Statement 3 is incorrect because the National Commission for STs does not work on increasing the practice of shifting cultivation. Instead, the commission focuses on promoting sustainable agricultural practices and the overall development of tribal communities.

The correct answer is D: All of them.
Explanation:
- Statement 1 is correct: The National Commission for Scheduled Tribes (STs) is responsible for presenting an annual report to the President of India. The report contains information about the functioning of the Commission, its activities, and its recommendations.
- Statement 2 is correct: After receiving the annual report from the National Commission for STs, the President is required to place it before the Parliament. Along with the report, the President also presents a memorandum explaining the action taken on the recommendations made by the Commission. This helps ensure transparency and provides an opportunity for the Parliament to discuss the effectiveness of the Commission's work.
- Statement 3 is correct: The memorandum presented by the President should also contain the reasons for the non-acceptance of any recommendations made by the National Commission for STs. This ensures that the government's decision-making process is transparent and accountable, and it allows for a thorough examination of the reasons for not implementing certain recommendations.

The correct answer is: B. 3 years.

The National Commission for Scheduled Tribes (NCST) is a constitutional body in India that was established in 2003 to protect the rights of Scheduled Tribes. The NCST consists of a Chairperson, a Vice-Chairperson, and three Members. The term of office of the Chairperson, Vice-Chairperson, and each Member is three years from the date of assumption of charge.

The correct answer is B: 2 Only.
Explanation:
National Commission for STs (Scheduled Tribes) is a constitutional body that was established to protect the rights and interests of the Scheduled Tribes in India. Among its various powers and functions, the commission has the authority to:
- Investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under the Constitution and other laws
- Inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes
- Participate and advise on the planning process of socio-economic development of the Scheduled Tribes
- Evaluate the progress of the development of Scheduled Tribes under the Union and any State
Regarding the powers mentioned in the question:
1. The commission does not have all the powers of a Civil and Criminal Court when trying a suit. Its main function is to investigate and monitor matters related to the safeguards provided for the Scheduled Tribes, and to inquire into specific complaints.
2. The commission can issue summons for the examination of witness and documents. This power enables the commission to gather necessary information and evidence when investigating complaints or monitoring the implementation of safeguards for the Scheduled Tribes.