The National Commission for Scheduled Castes (NCSC) is a constitutional body established under Article 338 of the Indian Constitution. It is dedicated to safeguarding the interests of the Scheduled Castes in India, ensuring their protection against exploitation and promoting their social, educational, economic, and cultural development.
Transformative Evolution of the NCSC
- 1978 Origins: A multi-member (non-statutory) Commission for SC & ST was set up in August 1978 with Shri Bhola Paswan Shastri as chairman and four other members.
- 1990 Retitling: The Commission was retitled as the National Commission for Scheduled Castes and Scheduled Tribes, acting as a National Level Advisory Body on policy issues.
- Bifurcation (89th Amendment Act, 2003): This act replaced the combined commission with two separate bodies: National Commission for SCs (Article 338) and National Commission for STs (Article 338A).
- Establishment (2004): The separate National Commission for SCs officially came into existence in 2004.
- Coordinating Ministry: The Ministry of Social Justice & Empowerment coordinates all activities related to Scheduled Castes.
Committees Set up to Configure:
- H. Ramdhan Committee (1992)
- Hanumanthappa Committee (1995)
- Dileep Singh Bhuria Committee (1998)
- Bizay Sonkar Shastri Committee (2002)
Historical Perspective
- Original Provision: Originally, Article 338 provided for a single Special Officer for SCs and STs to report to the President.
- 65th Amendment Act (1990): Replaced the single Special Officer with a high-level multi-member Constitutional Commission.
- Evolutionary Steps: Transitioned from a non-statutory body (1978) to a statutory/constitutional body through successive resolutions and amendments.
Composition and Appointment
- Structure: Consists of a Chairperson, Vice-Chairperson, and 3 other members.
- Appointment: Appointed by the President of India by warrant under his hand and seal.
- Tenure: Service conditions and tenure are determined by the President.
Functions and Responsibilities
- Monitor Safeguards: Investigate and monitor all matters relating to constitutional and legal safeguards for SCs.
- Inquiry: Inquire into specific complaints regarding the deprivation of rights of SCs.
- Planning Process: Participate and advise on the socio-economic development planning for SCs.
- Annual Reports: Present annual reports to the President on the working of safeguards.
- Advancement: Discharge functions for the protection, welfare, development, and advancement of the SC community.
Reports and Impact
The reporting mechanism ensures accountability at both National and State levels:
- The Commission presents an Annual Report to the President.
- The President places the report before Parliament with an "Action Taken Memorandum."
- Reports pertaining to a State are forwarded to the State Governor, who places them before the State Legislature.
Powers and Mandate
The Commission has all the powers of a Civil Court in respect of:
- Summoning and enforcing attendance of any person and examining them on oath.
- Discovery and production of documents.
- Receiving evidence on affidavit.
- Requisitioning public records from any court or office.
- Issuing commissions for examination of witnesses/documents.
Special Mandates & Jurisdiction
- Anglo-Indian Community: Under Article 338 (10), the Commission is also required to protect the safeguards of the Anglo-Indian community in the same manner as SCs.
- Change in OBC Jurisdiction: Till 2018, the NCSC handled OBC matters. This was removed by the 102nd Amendment Act of 2018 (which created a separate NCBC).
- Consultation: Central and State governments must consult the Commission on all major policy matters affecting Scheduled Castes.
Summary Table of Constitutional Articles
| Article | Provision |
|---|---|
| Article 338 | Establishment and functions of the National Commission for Scheduled Castes. |
| Article 338(5) | Duty of the Commission to investigate, monitor, and report on safeguards. |
| Article 338(8) | Grants the Commission powers of a Civil Court. |
| Article 338(10) | Extends jurisdiction of the Commission to the Anglo-Indian Community. |
| Article 338A | Separate Commission for Scheduled Tribes (NCST). |
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