National Commission for Scheduled Caste, History, Power & Function

National Commission for Scheduled Caste

A constitutional agency called the National Commission for Scheduled Castes (NCSC) is tasked with defending the rights of Scheduled Castes in India. Article 338 of the Indian Constitution established the National Commission for Scheduled Caste. The NCSC’s primary goal is to fully protect the SC community against exploitation and discrimination.

National Commission for Scheduled Castes, which is covered in this article, is covered in the Indian Polity and Governance of UPSC Syllabus. Students can also go for UPSC Mock Test to get more accuracy in their preparations.

National Commission for Scheduled Caste:History

• The Special Officer was created under Article 338 of the Indian Constitution to protect and advance the rights of Scheduled Castes (SC) in India.
• The SC Commissioner served as the Special Officer, responsible for addressing issues related to Scheduled Castes and Scheduled  Tribes (ST).
• In response to criticism from Parliament, the government established a multi-member panel in 1987 to better serve SC and ST communities, replacing the single-member commission.
• The National Commission for Scheduled Castes and Scheduled Tribes was formed as a multi-member body through the 65th Amendment to the Constitution.
• This commission was later replaced by two separate commissions: the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes, under the 89th Amendment Act of 2003.
• Suraj Bhan was the first chairperson of the National Commission for Scheduled Castes, established in 2004.

Formation of National Commission for SC

Events in the Formation of the National Commission for Scheduled Castes

• 1978: The Government established a non-statutory, multi-member Commission for Scheduled Castes (SC) and Scheduled Tribes (ST), alongside the Office of Commissioner.
• 1987: This Commission was officially named the National Commission for SCs and STs.
• 1990: The 65th Constitutional Amendment replaced the Commissioner with a multi-member National Commission for SCs and STs.
• 2003: The 89th Constitutional Amendment split the Commission into two separate bodies: the National Commission for Scheduled Castes (Article 338) and the National Commission for Scheduled Tribes (Article 338-A).
• 2004: The National Commission for Scheduled Castes was formed, consisting of a Chairperson, a Vice-Chairperson, and three other members.

National Commissions Established (2004-2021)

• First: 24th February 2004
• Second: 25th May 2007
• Third: 15th October 2010
• Fourth: 22nd October 2013
• Fifth: 1st June 2017
• Sixth: 24th February 2021 (Chairperson: Shri Vijay Sampla)

Appointment: The President appoints the Chairperson, Vice-Chairperson, and members, determining their tenure and service conditions.

National Commission for Scheduled Caste Function

• Investigate Legal Rights: The Commission looks into issues related to the legal rights of Scheduled Castes.
• Advise on Development: It suggests ways to improve socio-economic development for Scheduled Castes at both Central and state levels.
• Handle Complaints: The Commission investigates complaints about violations of rights and safeguards guaranteed by the Constitution.
• Annual Reporting: It submits annual reports to the President on its work and progress, which helps improve the Commission’s efficiency.
• Recommend Measures: The Commission recommends actions to ensure the legal protections for the welfare and development of Scheduled Castes are applied.
• Cultural Safeguarding: It also works to protect the culture, traditions, and other aspects related to Scheduled Castes.

National Commission for Scheduled Caste: Power

The Commission has the authority to control how it conducts itself. The Commission has civil court-like powers for investigation and inquiry, including the capacity to:

• Any individual from any region of India may be summoned, required to appear, and cross-examined. Any document must be discovered and produced.
• Affidavits may be used as evidence.
• Issuing summonses for the examination of witnesses and documents;
• Requisitioning any public record from any court or office;
• Any other subject as defined by the President.

National Commission for Scheduled Caste: Role

It compiles and examines data on incidents covered under the Prevention of Atrocities Act of 1989 and the Civil Rights Act of 1955. One of the most important monitoring activities carried out by the Commission is the creation of special tribunals for the quick trial of violations of the Civil Rights Act and the Atrocities Act.  It also monitors how quickly cases are resolved in these courts. The Commission has conducted a number of on-the-spot inquiries into claims of atrocities over the years.

National Commission for Scheduled Caste Constitutional: Provision

The particular arrangements for their advancement are mentioned in Article 15(4). According to Article 16(4A), “SCs/STs, which are not adequately represented in the services under the State, shall be given preference in matters of promotion to any class or classes of posts in the State services.”

Untouchability is abolished under Article 17. The State must “promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and to protect them from social injustice and all forms of exploitation,” according to Article 46.

According to Article 335, when filling positions in connection with the affairs of the Union or of a State, consideration for the claims of members of the Scheduled Castes and Scheduled Tribes must be given while maintaining administrative effectiveness.

In the House of the People and in the legislative assembly of the States, seats are reserved for the Scheduled Castes and the Scheduled Tribes under Articles 330 and 332 of the Constitution, respectively. Reservation for SC and ST in local governments has been envisioned and granted by Part IX of the Constitution, which deals with Panchayats, and Part IXA of the Constitution, which deals with Municipalities.

National Commission for Scheduled Caste UPSC

Social identities are so engrained in our culture that they frequently affect a person’s outcome. There are other ways for India to attain social equality and access to dignity in addition to jobs, programmes, and law enforcement. One of several steps in this approach is the restructuring of the National Commission for Scheduled Caste’s responsibility. Students can read all the details related to UPSC by visiting the official website of StudyIQ UPSC Online Coaching.

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