National Commission for Scheduled Castes (NCSC)

Early Developments (Pre-1990)

• In the early years of the Constitution, Article 338 provided for a Special Officer for Scheduled Castes and Scheduled Tribes, known as the Commissioner. This officer was responsible for examining how constitutional safeguards for these communities were being implemented and reporting directly to the President.
• In July, 1978 the Govt. of India decided to set up the Commission for Scheduled Castes and Scheduled Tribes, consisting of a Chairman and four Members including the Special Officer appointed under Article 338 of the Constitution. 
  • It was done through a resolution of the Ministry of Home Affairs.
• The functions of the Multi-Member Commission set up in 1978 were modified vide Ministry of Welfare’s Resolution in 1987 and the Commission for SCs & STs was renamed as the National Commission for Scheduled Castes and Scheduled Tribes.
  • It was set up as a National Level Advisory Body to advise the Government on broad policy issues and levels of development of Scheduled Castes and Scheduled Tribes.

65th Constitutional Amendment, 1990

• A significant institutional change took place with the 65th Constitutional Amendment Act, 1990, which gave the Commission constitutional status. This replaced both the earlier Commissioner and the existing Commission with a multi-member constitutional body, making the system more robust and accountable.

Bifurcation into Separate Commissions 

• Further reform came through the 89th Constitutional Amendment Act, 2003, which separated the combined body into two independent commissions—
  • National Commission for Scheduled Castes (NCSC) under Article 338
  • National Commission for Scheduled Tribes (NCST) under Article 338A

Establishment of Present NCSC

• Hence, the present National Commission for Scheduled Castes came into existence in 2004.
• Its rules were framed and notified by the Ministry of Social Justice and Empowerment.

The Constitution clearly defines the powers and functions of the National Commission for Scheduled Castes under Article 338 (Clauses 4, 5, 8, 9 and 10).

1. Power to Regulate Procedure (Clause 4)

• The Commission has the authority to regulate its own procedure for the effective discharge of its functions.Accordingly, it has framed its own rules to ensure systematic and meaningful functioning.

2. Functions of the Commission (Clause 5)

• The Commission performs several important duties to safeguard the interests of Scheduled Castes:
  •  to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
  • to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes;
  • to participate and advise on the planning process of socio-economic development of the Scheduled Castes and to evaluate the progress of their development under the Union and any State;
  • to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
  • to make in such reports 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; and
  • to discharge 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.

3. Powers of a Civil Court (Clause 8)

• While investigating matters or inquiring into complaints, the Commission has powers similar to those of a civil court. These include:
  •  Summoning and enforcing the attendance of any person from any part of India and examining him on oath;
  • Requiring the discovery and production of any documents;
  • Receiving evidence on affidavits;
  • Requisitioning any public record or copy thereof from any court or office;
  • Issuing commissions for the examination of witnesses and documents;
  • Any other matter which the President may by rule, determine;

4. Consultation with Government (Clause 9)

• The Union and State Governments are required to consult the Commission on all major policy matters affecting Scheduled Castes.
• This ensures that SC interests are considered in policymaking.

5. Interpretation Clause (Clause 10)

• This clause states that in this article references to the Scheduled Castes and Scheduled Tribes shall be construed as including references to such other backward classes as the President may, on receipt of the report of a Commission appointed under Article 340, by order specify and also to the Anglo-Indian community.