Introduction: Pillars of Equality
The Indian Constitution, in its pursuit of social justice and equality, provides for affirmative action and safeguards for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). To ensure the effective implementation of these safeguards and to protect the interests of these communities, the Constitution has established specialized bodies known as National Commissions.
These commissions — the National Commission for Scheduled Castes (NCSC), National Commission for Scheduled Tribes (NCST), and National Commission for Backward Classes (NCBC) — serve as vital constitutional watchdogs, monitoring the working of safeguards, inquiring into specific complaints, and participating in the socio-economic development planning of these marginalized sections. Their evolution reflects India's deepening commitment to inclusive governance and addressing historical injustices.
The National Commissions
NCSC - Article 338
National Commission for Scheduled Castes
- **Constitutional Basis:** Article 338
- **Composition:** Chairperson, Vice-Chairperson, 3 Members (appointed by President)
- **Key Functions:** Investigate & Monitor safeguards, Inquire into complaints, Advise on socio-economic development, Report to President, Powers of a Civil Court.
- **Also for:** Anglo-Indian Community
NCST - Article 338A
National Commission for Scheduled Tribes
- **Constitutional Basis:** Article 338A (89th Amendment, 2003)
- **Composition:** Chairperson, Vice-Chairperson, 3 Members (appointed by President)
- **Key Focus:** Land rights, Forest rights (FRA), PESA implementation, Rehabilitation for displaced tribals, Health, Education.
- **Powers:** Powers of a Civil Court.
NCBC - Article 338B
National Commission for Backward Classes
- **Constitutional Basis:** Article 338B (102nd Amendment, 2018)
- **Evolution:** Previously statutory (1993 Act)
- **Expanded Functions:** Investigate/monitor SEBC safeguards, Inquire complaints, Advise on socio-economic development.
- **Note:** 105th Amendment clarified states' power for state SEBC lists.
Evolution of the Commissions
Pre-1990: Special Officer
Originally, Article 338 provided for a Special Officer for Scheduled Castes and Scheduled Tribes to investigate all matters relating to safeguards.
1990: 65th Constitutional Amendment Act
Replaced the Special Officer with a multi-member National Commission for SCs and STs (under Article 338), expanding its scope and powers.
1993: NCBC Act & Statutory Status
The National Commission for Backward Classes (NCBC) was established as a statutory body under the NCBC Act, 1993, following the Indra Sawhney case recommendations.
2003: 89th Constitutional Amendment Act
Bifurcated the joint National Commission for SCs and STs into two separate constitutional bodies: NCSC (Article 338) and NCST (Article 338A), recognizing the distinct issues faced by STs.
2018: 102nd Constitutional Amendment Act
Granted constitutional status to the National Commission for Backward Classes (NCBC) by inserting Article 338B into the Constitution, aligning its functions with NCSC and NCST.
2021: 105th Constitutional Amendment Act
Clarified that the power to identify and specify SEBCs for State and Union Territory lists lies with the respective States/UTs, reversing parts of the 102nd Amendment regarding the central list.
Summary Table: National Commissions for Social Justice
| Commission | Constitutional Article | Established By | Composition | Key Functions/Powers | Scope of Community |
|---|---|---|---|---|---|
| NCSC | 338 | 65th Amend (1990), 89th Amend (2003 - bifurcation) | Chairperson, Vice-Chairperson, 3 Members (appointed by President) | Investigate/monitor safeguards; inquire complaints; participate/advise on socio-economic development; report to President; civil court powers. | Scheduled Castes (SCs) & Anglo-Indian Community |
| NCST | 338A | 89th Amendment (2003) | Chairperson, Vice-Chairperson, 3 Members (appointed by President) | Same as NCSC, but specifically for STs; focus on tribal land, forest rights, PESA, displacement. | Scheduled Tribes (STs) |
| NCBC | 338B | 102nd Amendment (2018) | Chairperson, Vice-Chairperson, 3 Members (appointed by President) | Same as NCSC/NCST, but specifically for SEBCs; primary role in safeguarding and socio-economic development; pre-2018 advised on inclusion/exclusion from lists. | Socially & Educationally Backward Classes (SEBCs) |
Prelims-Ready Notes: Quick Facts
NCSC: Article 338
- Constitutional body.
- Replaced Special Officer for SCs and STs by 65th Amendment (1990).
- Bifurcated by 89th Amendment (2003).
- Monitors SCs and Anglo-Indians.
NCST: Article 338A
- Constitutional body.
- Created by 89th Amendment (2003), bifurcating from NCSC.
- Monitors STs.
NCBC: Article 338B
- Constitutional body.
- Granted constitutional status by 102nd Amendment (2018).
- Previously statutory (NCBC Act, 1993).
- Monitors Socially and Educationally Backward Classes (SEBCs).
Common Features & Key Amendments
- **Composition:** All three commissions have a Chairperson, Vice-Chairperson, and three Members. Appointed by the President.
- **Powers:** All have the powers of a civil court while investigating complaints or monitoring safeguards.
- **Reports:** All submit reports to the President, who lays them before Parliament (and sends to State Governors for state-related matters).
- **105th Amendment, 2021:** Clarified states' power to identify SEBCs for state lists (reversed part of 102nd amendment). NCBC's primary role remains safeguard and development advice.
Analytical Insights: Role, Challenges & Impact
Role as Constitutional Watchdogs
- **Guardians of Safeguards:** Ensure constitutional & legal safeguards are effectively implemented.
- **Voice for the Marginalized:** Provide a dedicated platform for grievance redressal and reporting discrimination.
- **Monitoring and Evaluation:** Continuous oversight of government policies and schemes.
- **Advisory Role:** Provide valuable input to Union and State governments for policy formulation.
- **Data and Reporting:** Annual reports bring attention to status, challenges, and progress.
Major Debates/Challenges
- **Enforcement Powers:** Primarily advisory, recommendations are not binding, limiting effectiveness.
- **Government Apathy/Delayed Action:** Instances of non-action or delays by governments.
- **Dependence on Government:** Reliance for staff, funds, infrastructure can compromise autonomy.
- **Politicization:** Appointments sometimes criticized for political motivations.
- **Overlapping Jurisdiction/Coordination:** Potential overlaps with NHRC and other bodies, lack of coordination.
- **Effectiveness of Civil Court Powers:** Limited to inquiry, not punitive measures.
- **Data Collection and Research:** Challenges in collecting comprehensive data for evidence-based policymaking.
Contemporary Relevance/Significance/Impact
- **Affirmative Action Oversight:** Vital in ensuring just and effective implementation of reservation policies.
- **Addressing Atrocities:** Critical in taking suo motu cognizance and inquiring into cases of discrimination and atrocities.
- **Development Planning:** Ensure specific needs of SCs, STs, OBCs are integrated into development plans.
- **Monitoring of Key Legislation:** Oversee implementation of laws like SC/ST (Prevention of Atrocities) Act, PESA, Forest Rights Act.
- **Digitalization & Outreach:** Leveraging technology for complaint registration and monitoring enhances accessibility.
UPSC Previous Year Questions
Prelims MCQ 2018
Consider the following statements:
- The National Commission for Scheduled Castes is established under Article 338 of the Constitution of India.
- The National Commission for Scheduled Tribes is established under Article 338A of the Constitution of India.
- The National Commission for Backward Classes was established by an Act of Parliament and later given constitutional status.
Which of the statements given above are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (d)
Hint: All three statements are correct. NCSC (Art 338), NCST (Art 338A), and NCBC (initially statutory, then constitutional via 102nd Amendment).
Mains 2018 (GS Paper II)
Does the National Commission for Scheduled Castes (NCSC) have the power to recommend punishment for the violation of constitutional safeguards for Scheduled Castes? Analyze the functions and powers of the NCSC in this context. (10 marks)
Direction:
- **Introduction:** Briefly introduce NCSC and its constitutional status (Art 338).
- **Functions & Powers:** Detail its primary functions (investigate, monitor, inquire, advise, report) and powers (civil court powers).
- **Analysis of Punishment Power:** Directly address whether it has power to recommend punishment. (No, it has power to inquire and recommend, but not to impose punishment. It can recommend legal action/prosecution to the government/police).
- **Limitations:** Discuss the advisory nature of its recommendations and challenges in implementation.
- **Conclusion:** Emphasize its role as a watchdog and advocate, even without direct punitive powers, and suggest strengthening its functional autonomy.
Test Your Knowledge: Original Questions
Original Prelims MCQ
Which of the following statements regarding the National Commissions are correct?
- The Chairperson and Members of all three commissions (NCSC, NCST, NCBC) are appointed by the President.
- The National Commission for Scheduled Castes is also mandated to monitor safeguards for the Anglo-Indian community.
- Prior to the 102nd Constitutional Amendment Act, 2018, the National Commission for Backward Classes was a statutory body established under an Act of Parliament.
Choose the correct option:
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (d)
Explanation: All three statements are correct. Presidents appoint all members. NCSC does have functions for Anglo-Indians. NCBC was indeed statutory before the 102nd Amendment.
Original Mains Descriptive Question
"The National Commissions for SCs, STs, and BCs act as conscience keepers of the Indian Constitution's commitment to social justice." Discuss this statement by analyzing their evolution, functions, and the challenges they face in effectively fulfilling their mandate. (15 marks)
Key Points/Structure:
- **Introduction:** Briefly state the role of these commissions as constitutional bodies for social justice.
- **Evolution:** Briefly trace the history of each commission (from special officer, statutory to constitutional status, bifurcations) to show the increasing commitment.
- **Functions as "Conscience Keepers":** Monitoring and investigation of safeguards, inquiring into grievances, advisory role in socio-economic development planning, reporting to President, quasi-judicial powers.
- **Challenges to Effectiveness:** Advisory nature of recommendations, dependence on executive, delays in appointments, potential for politicization, limited enforcement mechanism, issues of overlapping jurisdiction.
- **Conclusion/Way Forward:** Reiterate their crucial role despite challenges. Suggest measures like statutory backing for recommendations, greater financial and administrative autonomy, timely appointments, and enhancing coordination mechanisms.