National Commission for Scheduled Castes

What is The National Commission for Scheduled Castes

• The National Commission for the Scheduled Castes (NCSC) is a constitutional body in India, which was established with a view to provide safeguards against the exploitation of Scheduled Castes and to promote and protect their social, economic and educational situation.
• It has been established with a view to provide safeguards against the exploitation of the Scheduled Castes and Anglo-Indian Community as well as to protect their social, economic, educational, and cultural interests.
• The rules of the National Commission for Scheduled Castes were framed by the NCSC and notified on 20 February, 2004 by the Ministry of Social Justice & Empowerment.

Official Definition of National Commission for Scheduled Castes

The term as defined in legislation

Article 338 of the Indian Constitution provides for the appointment of the Commission to investigate all matters relating to the condition and safeguard for SCs to make appropriate recommendations.

The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of Scheduled Castes Within the territory of India and the difficulties under which they labor and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any State and the conditions subject to which such grants should be made, and the order appointing such Commission shall define the procedure to be followed by the Commission.

Legal Provision Relating to the Term

Evolution of NCSC

• Special Offer for SCs and STs

Originally Article 338 of the Indian Constitution provided for the appointment of the Special Offer for Scheduled Castes (SCs) and Scheduled Tribes (STs). The Special offer was nominated as the Commissioner for both SCs and STs. The predominant task of the Commissioner of SCs and STs was to investigate all matters relating to the Constitutional safeguards for them and to report to the President on their workings.

• 65th Constitutional Amendment Act of 1990

The 65th Constitutional Amendment Act amended the Article 338 of the Indian Constitution and provided for the establishment of a high-level multi-member National Commission for SCs and STs. This Constitutional body had replaced the Commissioner for SCs and STs.

• 89th Constitutional Amendment Act of 2003

This amended article 338 of the Indian Constitution and inserted the new Article 338-A in the Constitution. The National Commission for Scheduled Caste has been bifurcated into separate two bodies, as a result of this amendment i.e.

1. National Commission for Scheduled Castes NCSC (Article 338)  
2. National Commission for Scheduled Tribes NCST (Article 338-A)                                

• Establishment of the National Commission for Scheduled Castes.

Composition

Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.These members of the National Commission for Scheduled Castes are appointed by the President of India.

Functions

All the functions of this Commission are clearly defined under clause 4 in Article 338 of the Indian Constitution.

• The NCSC is involved in the inquiry of complaints related to deprivation in the provision of safeguard and rights of the SCs.
• NCSC reports the President on implementing these safeguards regularly.
• The NCSC recommends plans for the socio-economic development of the SCs. It also suggests steps that can be taken for the community’s welfare, protection, and advancement.
• Until 2018, the NCSC was responsible for discharging similar functions for the other backward classes (OBCs) as well. However, the 102nd Amendment Act of 2018 was relieved from this responsibility.
• The NCSC also discharges similar functions for the Anglo-Indian community.

Powers

The Commission shall have all the powers of a civil court described under clause 8 of article 338.

• The Commission is vested with the power to regulate its own procedure.
• The Commission, while investigating any matter or inquiring into any complaint, has all the powers of a civil court trying a suit and in particular in respect of the following matters:

1. Summoning and enforcing the attendance of any person from any part of India and examining him on oath,
2. Requiring the discovery and production of any document,
3. Receiving evidence on affidavits,
4. Requisitioning any public record from any court or office,
5. Issuing summons for the examination of witnesses and documents,
6. Any other matter which the President may determine.

• The Central Government and the State Governments are required to consult the Commission on all major policy matters affecting the Scheduled Castes.

Apperance in the Official Database

The Commission presents reports to the President annually or at such other times as it may deem fit.

• The President places all such reports before the Parliament, along with a memorandum explaining the action taken on the recommendations made by the Commission.The memorandum also contains the reasons for the non-acceptance of any of such recommendations.The President also forwards any report of the Commission pertaining to a State Government to the concerned State Governor. The Governor places it before the State Legislature, along with a memorandum explaining the action taken on the recommendations of the Commission. The memorandum also contains the reasons for the non-acceptance of any of such recommendations.
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  Table 4.2 Of the NCSC Annual Report retrieved from annual report (2020) page no. 30 https://ncsc.nic.in/pages/display/files/English%20Annual%20Report%20201819%20and%20201920.pdf accessed on (26th June,2024)
  

  Table 6.3b State wise Pendency and Disposals by Police and Courts 2018 retrieved from NCSC Annual Report of (2020) page no.79 https://ncsc.nic.in/pages/display/files/English%20Annual%20Report%20201819%20and%20201920.pdf
  

  Table 6.1 Incidence and rate of crimes committed against Scheduled Castes during 2017 and 2018 retrived from annual report (2020) page no. 69
  

  Table 6.4 Details of the Special Courts / Special Public Prosecutor -retrived from NCSC Annual report (2020) page no. 89-https://ncsc.nic.in/pages/display/files/English%20Annual%20Report%20201819%20and%20201920.pdf - accessed on -(26th June, 2024)