Constitutional Basis

The National Commission for Scheduled Castes (NCSC) is a constitutional body established directly by Article 338 of the Indian Constitution. Unlike other national commissions such as the National Commission for Women (1992), National Commission for Minorities (1993), National Human Rights Commission (1993), and National Commission for Protection of Child Rights (2007), which are statutory bodies established by acts of Parliament, the NCSC is constitutionally mandated.

Evolution of the Commission

• Original Provision:
  • Article 338 originally provided for the appointment of a Special Officer for Scheduled Castes (SCs) and Scheduled Tribes (STs) to investigate constitutional safeguards for these communities and report to the President.
  • This Special Officer was designated as the Commissioner for SCs and STs.
• 1978:
  • The government established a non-statutory multi-member Commission for SCs and STs, while the office of the Commissioner for SCs and STs continued.
• 1987:
  • The functions of the Commission were modified and it was renamed as the National Commission for SCs and STs.
• 65th Amendment, 1990:
  • The 65th Constitutional Amendment Act replaced the single Special Officer with a high-level multi-member National Commission for SCs and STs, replacing both the Commissioner and the Commission set up in 1987.
• 89th Amendment, 2003:
  • The 89th Constitutional Amendment Act bifurcated the combined National Commission for SCs and STs into two separate bodies: the National Commission for Scheduled Castes (under Article 338) and the National Commission for Scheduled Tribes (under Article 338-A).
  • The separate NCSC came into existence in 2004, consisting of a chairperson, a vice-chairperson, and three other members, all appointed by the President.

Functions of the Commission

The NCSC performs several key functions:

1. Investigate and Monitor: All matters related to constitutional and legal safeguards for SCs.
2. Inquiry: Specific complaints regarding the deprivation of SC rights and safeguards.
3. Advise on Planning: Participate in and advise on the planning process for the socio-economic development of SCs and evaluate their progress.
4. Report to President: Present annual and other reports to the President on the working of these safeguards.
5. Recommendations: Make recommendations for the effective implementation of safeguards and measures for SC protection, welfare, and socio-economic development.
6. Additional Functions: Other functions related to the protection, welfare, and development of SCs as specified by the President.

Report of the Commission

• The NCSC submits an annual report to the President, who places it before Parliament along with a memorandum detailing actions taken on the Commission’s recommendations and reasons for any non-acceptance.
• Reports pertaining to state governments are forwarded by the President to the respective state governors, who present them to state legislatures with similar memoranda.

Powers of the Commission

The NCSC has the authority to:

• Regulate its own procedures.
• Exercise the powers of a civil court in matters such as:
  • Summoning and examining individuals under oath.
  • Requiring the discovery and production of documents.
  • Receiving evidence on affidavits.
  • Requisitioning public records from courts or offices.
  • Issuing summons for witness and document examination.
  • Other matters determined by the President.