National Commission for Scheduled Caste | Constitutional Law - CLAT PG PDF Download

Introduction

The National Commission for Scheduled Castes (SCs) is constitutionally mandated, having been directly instituted by Article 338 of the Constitution. In contrast, other national commissions, like the National Commission for Women (1992), the National Commission for Minorities (1993), the National Human Rights Commission (1993), and the National Commission for Protection of Child Rights (2007), are statutory bodies, established through acts of Parliament.National Commission for SCs

Evolution

1. Initially, Article 338 of the Constitution mandated the appointment of a Special Officer for Scheduled Castes (SCs) and Scheduled Tribes (STs) to investigate and report on constitutional safeguards for these groups, known as the Commissioner for SCs and STs.
2. In 1978, a non-statutory multi-member Commission for SCs and STs was established through a government Resolution, coexisting with the continued existence of the Office of the Commissioner for SCs and STs.
3. The government, in 1987, modified the functions of the Commission through another Resolution, renaming it as the National Commission for SCs and STs. This change was later institutionalized by the 65th Constitutional Amendment Act of 1990.
4. The 1990 amendment replaced the single Special Officer for SCs and STs with a high-level multi-member National Commission, superseding both the Commissioner and the 1987 Commission.
5. Subsequently, the 89th Constitutional Amendment Act of 2003 further divided the unified National Commission for SCs and STs into two separate bodies: the National Commission for Scheduled Castes (under Article 338) and the National Commission for Scheduled Tribes (under Article 338-A).
6. The standalone National Commission for Scheduled Castes was established in 2004, comprising a chairperson, a vice-chairperson, and three other members appointed by the President. Their conditions of service and tenure of office are determined by the President, and they serve a term of three years, with eligibility for reappointment limited to two terms.

Functions

The Commission is tasked with the following responsibilities:

• Investigating and overseeing all aspects pertaining to the constitutional and other legal safeguards for Scheduled Castes (SCs) and assessing their effectiveness.
• Examining specific complaints related to the violation of rights and safeguards for SCs.
• Participating in and offering guidance on the planning process for the socio-economic development of SCs, as well as assessing the progress of their development within the Union or a state.
• Submitting reports to the President annually and as required, detailing the functionality of these safeguards.
• Providing recommendations on the measures that the Union or a state should undertake to ensure the effective implementation of safeguards and other initiatives for the protection, welfare, and socio-economic development of SCs.
• Fulfilling any other functions specified by the President concerning the protection, welfare, development, and advancement of SCs.

Report

The Commission submits an annual report to the President, and it has the flexibility to present additional reports when it deems necessary. 

• These reports, along with a memorandum explaining the actions taken based on the Commission's recommendations, are placed before the Parliament by the President.
• The memorandum is crucial as it provides reasons for any recommendations that have not been accepted.

Simultaneously, the President forwards Commission reports related to a state government to the respective state governor.

• The governor, in turn, places these reports before the state legislature, accompanied by a memorandum.
• This memorandum serves to explain the actions taken in response to the Commission's recommendations and includes reasons for any non-acceptance of those recommendations.

Powers

The Commission possesses the authority to regulate its own procedures. When conducting investigations or addressing complaints, it is endowed with the powers of a civil court trying a suit. This includes:

• Summoning and compelling the attendance of individuals from any part of India, examining them under oath.
• Demanding the discovery and production of relevant documents.
• Accepting evidence on affidavits.
• Requisitioning public records from any court or office.
• Issuing summons for the examination of witnesses and documents.
• Any other matters determined by the President.

Both the Central and state governments are obligated to consult the Commission on significant policy matters that impact the Scheduled Castes (SCs).

The Commission is also tasked with similar responsibilities concerning the Anglo-Indian Community, investigating all matters related to constitutional and legal safeguards for this community and reporting to the President.

Until 2018, the Commission was additionally mandated to perform analogous duties for the Other Backward Classes (OBCs). However, the 102nd Amendment Act of 2018 relieved it of this responsibility.