Laxmikanth Summary: National Commission for SCs | Indian Polity for UPSC CSE PDF Download

Introduction

• National Commission for Women (established in 1992) 
• National Commission for Minorities (established in 1993) 
• National Human Rights Commission (established in 1993) 
• National Commission for Protection of Child Rights (established in 2007) are considered statutory bodies because they are formed by laws passed by Parliament. 

National Commission for SCs

• Originally, Article 338 of the Constitution established the role of a Special Officer for Scheduled Castes (SCs) and Scheduled Tribes (STs) to look into all issues regarding the constitutional protections for SCs and STs and to report to the President about how these protections were working. 
• This officer was called the Commissioner for SCs and STs and was assigned these responsibilities. 
• In 1978, the Government created a non-statutory multi-member Commission for SCs and STs through a Resolution, while the Office of the Commissioner for SCs and STs continued to operate. 
• In 1987, the Government modified the roles of this Commission and changed its name to the National Commission for SCs and STs through another Resolution. 
• Later, the 65th Constitutional Amendment Act of 1990 established a high-level multi-member National Commission for SCs and STs, replacing the single Special Officer for SCs and STs. 
• This constitutional body took over the responsibilities of the Commissioner for SCs and STs as well as the Commission formed under the 1987 Resolution. 
• The 89th Constitutional Amendment Act of 2003divided the combined National Commission for SCs and STs into two separate bodies: 
  •  National Commission for Scheduled Castes (under Article 338) 
  •  National Commission for Scheduled Tribes (under Article 338-A) 
• The separate National Commission for SCs was established in 2004. 
• This Commission consists of a chairperson, a vice-chairperson, and three other members. 
• They are appointed by the President with a warrant under his hand and seal. 
• The President also decides their terms of service and duration in office. 
• According to the Rules made by the President, they serve for a term of three years. 
• They are not allowed to be appointed for more than two terms. 

Functions

• Investigate and monitor all issues related to the constitutional and other legal protections for the Scheduled Castes (SCs), and assess how well these protections are working. 
• Look into specific complaints about the loss of rights and protections for the Scheduled Castes. 
• Participate in and provide advice on the planning of socio-economic development for the Scheduled Castes, and review the progress of their development at both the Union and state levels. 
• Submit reports to the President, once a year and at other times deemed necessary, regarding the effectiveness of the protections in place. 
• Recommend actions that should be taken by the Union or state to ensure the proper enforcement of these protections and to promote the welfare, protection, and socio-economic growth of the Scheduled Castes. 
• Perform additional tasks related to the protection, welfare, and advancement of the Scheduled Castes as specified by the President.

Report

• The commission submits an annual report to the President.
• It can also provide a report whenever it finds it necessary.
• The President presents all these reports to Parliament, along with a memorandum that explains the actions taken regarding the commission's recommendations.
• The memorandum must include reasons for not accepting any of the recommendations.
• Additionally, the President sends any report from the commission that is related to a state government to the state governor.
• The governor then presents it to the state legislature with a memorandum that outlines the actions taken on the commission's recommendations.
• This memorandum should also detail the reasons for not accepting any of the recommendations.

Powers

• The Commission has the authority to manage its own processes.
• While looking into any issue or complaint, the Commission holds all the powers of a civil court, particularly in these areas:
  • Summoning and making sure any person from anywhere in India appears and answers questions under oath.
  • Requesting the discovery and submission of any documents.
  • Accepting evidence via affidavits.
  • Requesting any public records from courts or offices.
  • Issuing summons to examine witnesses and documents.
  • Handling any other matters as determined by the President.
• The Central and state governments must consult the Commission on all major policies impacting the Scheduled Castes (SCs).
•  The Commission also has similar responsibilities towards the Anglo-Indian Community, investigating issues related to their constitutional and legal protections and reporting back to the President on how they are functioning. 
•  Until 2018, the Commission was also tasked with similar duties concerning the Other Backward Classes (OBCs). However, this duty was removed by the 102nd Amendment Act of 2018.