Introduction
The National Commission for Scheduled Castes (NCSC) is a constitutional body established under Article 338 of the Constitution. It serves as a vital safeguard for the rights and interests of Scheduled Castes (SCs) in India. Evolved from an initial combined body for SCs and STs, and later bifurcated to form separate commissions, NCSC is mandated to investigate, monitor, and advise on all matters relating to the constitutional and legal safeguards provided for SCs. With powers akin to a civil court, it plays a crucial role in preventing exploitation, promoting socio-economic development, and ensuring social justice for the Scheduled Castes.
8.5.1: Evolution of NCSC
Original Constitution (No specific Commission)
Initially, the Constitution provided for a Special Officer for Scheduled Castes and Scheduled Tribes (Article 338) to investigate matters relating to safeguards for SCs and STs and report to the President.
65th Amendment Act, 1990
Replaced the 'Special Officer' with a multi-member National Commission for SCs and STs to be set up under Article 338. This commission covered both SCs and STs.
89th Amendment Act, 2003: Bifurcation
Bifurcated the combined National Commission for SCs and STs into two separate bodies:
- National Commission for Scheduled Castes (NCSC) under Article 338.
- National Commission for Scheduled Tribes (NCST) under Article 338A.
This bifurcation was done to ensure a more focused approach to the distinct issues faced by SCs and STs.
Structure & Authority
8.5.2: Composition
The NCSC is a multi-member body consisting of:
- A Chairperson
- A Vice-Chairperson
- Three other Members
They are appointed by the President by warrant under his hand and seal.
8.5.3: Conditions of Service & Tenure
The conditions of service and tenure of office of the Chairperson, Vice-Chairperson, and other Members are determined by the President by rule.
Typically, their term is 3 years, and they are eligible for reappointment for a limited number of terms.
8.5.5: Powers of NCSC
The Commission has all the powers of a Civil Court while investigating any matter or inquiring into any complaint relating to the deprivation of rights and safeguards of the Scheduled Castes.
Specific Powers include:
- Summoning and enforcing attendance
- Requiring discovery/production of documents
- Receiving evidence on affidavits
- Requisitioning public records
- Issuing summons for examination of witnesses/documents
8.5.6: Consultation Mandate
Article 338(9) mandates that the Union and every State Government shall consult the Commission on all major policy matters affecting the Scheduled Castes.
This provision gives the NCSC a crucial advisory role in policy formulation impacting SCs.
8.5.4: Key Functions of NCSC
The NCSC investigates and monitors all matters relating to the safeguards provided for Scheduled Castes under the Constitution or any other law.
This includes safeguards related to reservation in education, employment, and political representation, and measures against discrimination.
The Commission inquires into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes. This is a crucial quasi-judicial function where the Commission directly addresses grievances.
The NCSC participates and advises on the planning process of socio-economic development of the Scheduled Castes and evaluates the progress of their development under the Union and any State.
The Commission plays a role in policy formulation and monitoring the implementation of development programs for SCs.
The Commission presents a report annually to the President on the working of the safeguards and can present other reports as and when it deems fit.
The President causes these reports to be laid before each House of Parliament along with a memorandum explaining the action taken on the recommendations.
If any recommendation relates to a State, a copy of the report is also sent to the Governor of the State, who causes it to be laid before the State Legislature with an action taken memorandum.
The Commission makes recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes.
The NCSC performs such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes as the President may, subject to the provisions of any law made by Parliament, by rule specify.
Anglo-Indians: Until the 104th Amendment Act, 2019, discontinued the nomination of Anglo-Indians to Parliament and State Assemblies, the NCSC was also mandated to inquire into matters relating to safeguards for the Anglo-Indian community and report to the President (Article 338(10)).
OBCs (Prior to 102nd Amendment): The NCSC (and previously the combined SC/ST Commission) was also responsible for the welfare and safeguards of Other Backward Classes (OBCs).
Impact of 102nd Amendment Act, 2018: This Act granted constitutional status to the National Commission for Backward Classes (NCBC) under Article 338B. With this, the NCSC's mandate was removed concerning OBCs. Its primary focus is now exclusively on Scheduled Castes.
Prelims-Ready Notes
| Feature | Description / Key Facts |
|---|---|
| Constitutional Body | Yes. Article 338, Part XVI (Special Provisions Relating to Certain Classes). |
| Evolution | Originally: Special Officer for SCs/STs (Art 338). 65th Amend, 1990: Multi-member National Commission for SCs & STs (Art 338). 89th Amend, 2003: Bifurcated into NCSC (Art 338) and NCST (Art 338A). |
| Composition | Chairperson, Vice-Chairperson, 3 other Members. Appointed by President (by warrant). |
| Conditions/Tenure | Determined by President (usually 3 years). |
| Functions | Investigate & monitor safeguards for SCs; Inquire into specific complaints; Advise on socio-economic development; Present annual reports; Make recommendations. Mandate for OBCs removed by 102nd Amend, 2018. |
| Powers | All powers of a Civil Court while investigating/inquiring. |
| Consultation | Union & State Governments must consult NCSC on all major policy matters affecting SCs. |
| Reports | Annual reports to President (laid before Parl./State Legislatures). |
Mains-Ready Analytical Notes
NCSC as a Watchdog
Plays a vital role as a constitutional watchdog, specifically tasked with safeguarding the rights and promoting the socio-economic development of Scheduled Castes. Crucial institutional mechanism for effective implementation of safeguards and welfare programs.
Quasi-Judicial Powers & Advisory Role
Civil court powers for thorough inquiries. Recommendations are advisory, but constitutional mandate for consultation (Art 338(9)) and reporting (Art 338(6),(7)) ensures scrutiny. Combination of investigation and accountability is critical.
Evolution: Towards Focused Advocacy
Evolution to separate commissions (89th Amendment) reflects recognition of distinct issues faced by SCs and STs, aiming for more focused attention and specialized expertise. 102nd Amendment further narrowed NCSC's focus exclusively to SCs.
Challenges & Limitations
- Lack of Enforcement Power (recommendations not binding).
- Potential Political Influence in appointments.
- Resource Constraints (funding, staff).
- Awareness & Accessibility issues.
- Pendency of Cases.
Role in Social Justice & Inclusive Development
Central to India's commitment to social justice. Monitors reservation policies, poverty alleviation, education, health programs for SCs. Evaluation of progress refines policies.
Contemporary Relevance
- Inquiry into atrocities (SC/ST PoA Act).
- Crucial advice for government policy (education, employment).
- Provides valuable data/analysis for evidence-based policy.
- Paramount role in monitoring affirmative action.
Current Affairs & Recent Developments
Appointment of New Chairperson/Members
Recent appointments reflect the ongoing functioning of NCSC as per its constitutional mandate. (Source: Ministry of Social Justice and Empowerment, PIB).
NCSC's Role in Specific Atrocity Cases
The NCSC frequently takes suo motu cognizance or receives complaints regarding alleged atrocities or discrimination against Scheduled Castes. Its inquiries and recommendations highlight its core function.
Engagement with Government Schemes
Monitors effectiveness and advises on improvements for schemes like Post-Matric Scholarship Scheme for SCs and Pradhan Mantri Anusuchit Jaati Abhyuday Yojana, linking to its development advisory function.
Annual Reports Presentation
Regularly presents annual reports to the President, detailing safeguards and recommendations, serving as a vital information source on SC status and government action.
Debates on Caste Census/Survey
Discussions around caste census/survey (e.g., Bihar's) have implications for NCSC's mandate to collect data and advise on socio-economic development policies for SCs.
Exam Insights: PYQs & Trend Analysis
UPSC Previous Year Questions
UPSC CSE 2017: Which of the following statements is/are correct regarding the National Commission for Scheduled Castes (NCSC)?
- It is a constitutional body.
- It monitors and investigates all matters relating to safeguards provided for SCs.
- It has the powers of a civil court.
Answer: (d) 1, 2 and 3
Hint: All three statements are correct and fundamental to the NCSC's role and powers.
UPSC CSE 2021 (Mains): "What are the Fundamental Duties provided in the Constitution of India? Examine the significance of these duties in a democratic society."
Direction: While focusing on FDs, you can link to NCSC's role in promoting social justice for SCs. The duty to "promote harmony and the spirit of common brotherhood" (Art 51A(e)) is crucial for integrating SCs into society, and NCSC works to combat discrimination.
Trend Analysis
- Prelims: Frequently tests Evolution (Amendments: 65th, 89th, 102nd), Composition, Appointment, Functions (especially Civil Court powers), and Reporting mechanisms.
- Mains: Focuses on NCSC's role as a watchdog, its effectiveness, challenges (advisory nature, political influence, resources), and its contribution to social justice and affirmative action. Contemporary relevance (atrocities, policy advice) is also important.
- Comparison: Often implicitly or explicitly compared with NCST and NCBC to highlight distinct roles.
Practice Questions
Original MCQ for Prelims
1. Consider the following statements regarding the National Commission for Scheduled Castes (NCSC):
- The NCSC was constituted as a constitutional body by the 89th Constitutional Amendment Act, 2003.
- Its Chairperson, Vice-Chairperson, and other Members are appointed by the President and hold office for a fixed term of three years as per the Constitution.
- The NCSC is empowered to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Anglo-Indian community.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 1 and 2 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (a)
Explanation:
Statement 1 is correct. The NCSC was created by the 89th Amendment, separating it from the combined SC/ST commission.
Statement 2 is incorrect. The President determines the term of office by rule (Art 338(2)), which is usually 3 years, but it's not a fixed term "as per the Constitution" itself. The Constitution gives the power to the President to determine by rule.
Statement 3 is incorrect. While NCSC earlier had functions related to Anglo-Indians (Art 338(10) pre-104th Amdt), its primary mandate is now exclusively for Scheduled Castes. The provision for Anglo-Indian safeguards inquiry was in Article 338(10), which is now largely obsolete after the 104th Amendment discontinued Anglo-Indian nomination. Even when active, it was a general inquiry function, not a specific deprivation of rights for this community like for SCs. The NCSC's core function is about SCs.
Original Descriptive Questions for Mains
1. "The National Commission for Scheduled Castes (NCSC) is a pivotal constitutional body in India's pursuit of social justice, yet its effectiveness in fully safeguarding the rights of Scheduled Castes faces both constitutional and operational challenges." Critically analyze the evolution and functions of the NCSC, highlighting the powers bestowed upon it and the limitations that constrain its ability to achieve its objectives. (15 marks)
Hint: Cover evolution, composition, functions, powers (civil court), and then delve into challenges like advisory nature, political influence, resource constraints, awareness, and case pendency. Conclude with suggestions for improvement.
2. "The bifurcation of the National Commission for Scheduled Castes and Scheduled Tribes into two separate bodies was a crucial step towards focused advocacy for these marginalized communities. Discuss the rationale behind this bifurcation and compare the functions and powers of the National Commission for Scheduled Castes (NCSC) with the National Commission for Scheduled Tribes (NCST)." (10 marks)
Hint: Explain why bifurcation (distinct issues, focused advocacy). Then compare NCSC and NCST based on constitutional basis, composition, functions (core identical, specific focus), powers, consultation, and reporting.