National Commission for Scheduled Castes (NCSC)

• National Commission for Scheduled Castes (NCSC) is a constitutional body and formed under Article 338 for the safeguard of Schedule caste people in India.

Background of National Commission for Scheduled Castes (NCSC)-

• Originally, Article 338 of the Constitution provided for the appointment of a Special Officer for Scheduled Castes (SCs) and Scheduled Tribes (STs).

• In 1978, the Government (through a Resolution) set up a non-statutory multi-member Commission for SCs and STs(renamed as National commission of SCs and STs in 1987 through a resolution).

• The Office of Commissioner for SCs and STs also continued to exist.

The 65th Constitutional Amendment Act of 1990-

• It provided for the establishment of a high level multi-member National Commission for SCs and STs in the place of a single Special Officer for SCs and STs and replaced the Commissioner for SCs and STs as well as the Commission set up under the Resolution of 1987.

The 89th Constitutional Amendment Act of 2003-

• It bifurcated the combined National Commission for SCs and STs into two separate bodies, namely, National Commission for Scheduled Castes under Article 338 and National Commission for Scheduled Tribes under Article 338- A.

• The separate National Commission for SCs came into existence in 2004.

• The headquarters of NCSC is in Delhi.

Composition and Term

Composition-

• The Commission consists of a Chairperson, Vice-Chairperson and three other members.

• The Chairperson, Vice-Chairperson and other Members of the Commission are appointed by the President by warrant under his hand and seal (Article 338(3)).

Term-

• Three years.

Service condition and Tenure

• As per the constitution 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.

Duties and Powers of the Commission-

The duties of the Commission are to:

i) To investigate and monitor all matters related to the safeguards in the Constitution for the SCs or under any government order to evaluate the workings of such safeguards.

ii) To inquire into specific complaints with regard to deprivation of rights and safeguards of the SCs.

iii) To advice the government in the planning process of socio-economic development of the SCs and to evaluate the progress of their development under the Union and in any State.

iv) To annually present the report on working of the safeguards to the President.

v) To make recommendations to the Union or any State for effective implementation of the safeguards, and other measures for the welfare and socio-economic development of the SCs.

vi) The Commission is also required to discharge similar functions with regard to the Anglo-Indian Community as it does with respect to the SCs.

Power of Civil court-

Commission has a power of civil court under clause 8 of Article 338 and these powers are as follows-

(a) Summoning and enforcing the attendance of any person from any part of India and examining him on oath;

(b) Requiring the discovery and production of any document;

(c) Receiving evidence on affidavits;

(d) Requisitioning any public record or copy thereof from any court or office;

(e) Issuing commissions for the examination of witnesses and documents;

(f) Any other matter which the President may, by rule, determine;

Reports and Recommendations of the Commission-

Commission submits report to President Annually and constitution says that-

• The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.

Where any such report, or any part thereof, relates to any matter with which any State Government is concerned-

• A copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.

State offices-

• Commission also has state offices and each State Office compiles a quarterly report regarding the activities undertaken by them for the welfare of SCs.