GS2 PYQ (Mains Answer Writing): National Commission for Scheduled Castes | Indian Polity for UPSC CSE PDF Download

Whether National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine. (UPSC GS2 Mains)

National Commission for Scheduled Castes (NCSC) is an Indian constitutional body established by Article 338 of the constitution with a view to provide safeguards against the exploitation of Scheduled Castes, to promote and protect their social, educational, economic and cultural interests, under special provisions in the Constitution. 

• It is an advisory and recommendatory body to look upon the holistic upliftment of the schedule castes. About Religious Minority National Commission for Minority Educational Institution Act, 2004 has defined ‘minority’ as a community which is defined as according to the central government based on religion within the meaning of Article 30 and ‘Minority institution’ as an educational institution which is administered and set up by the minority. 
• Rights of Minorities to establish and administer Educational Institutions (Article 30) 
• All minorities should have right to set up and govern educational institutions according to their own choice.If the government is having an acquisition on any property of minority educational institution then the government should keep this in mind that a fixed price should be settled in a way that does not deter the rights minorities 
• The State shall not, differentiate among any educational institution on the ground that it is under the administration of a minority whether in terms of a religion or a language. Benefits available to Minority Institutions There are, comprehensively, three advantages accessible to a minority educational institution that is not accessible to other institutions: 
• Minority educational institutions don’t need to keep up a reservation in work or affirmations for SCs, STs, and OBCs as required to be done by other educational institutions. 
• In respect of control over representatives, minority educational institutions have substantially more prominent power than other institutions. For example, in the selection of teacher and principals, the minority educational institution can have a choice advisory group which does exclude the university representatives. Thus, while in customary schools the headmaster ordinarily must be appointed based on seniority, minority administrations can choose a headmaster according to their own choice. 
• In case of admission of the student, minority educational institutions can have a reservation of up to 50 percent for the student of their own community. The Supreme Court held in the Case of P.A. Inamdar vs State of Maharashtra [2006 (6) SCC 537] that: 
• The policy of reservation to admit students is not applicable to a minority institution. 
• The policy of reservation in terms of employment is not applicable to a minority institution. In view of the recent demands for Dalit Quota in minority-run institutions such as AMU and Delhi’s Jamia Millia Islamia reservation issue in religious minority institutions again raked up. The idea to make the provision for minorities as a fundamental right under the constitution to protect their educational right is not inequality towards the privileged classes but it definitely gives the sense of security to the minority groups against the perceived threat of majority. 
• Jains are the minority community that has the highest literacy rate and the majority of their population is educated is a successful example of this ‘right’. Thus, the way forward would be a formulation of unambiguous list of religious minority institutions that seek aid or recognition from the state to avoid overlapping of regulatory powers in respect of that particular institute for the healthy balance and growth of minorities as well as other communities simultaneously. 
• This holds significance more so in case of a majoritarian country like India which is a cradle of diversity and epitome of inclusivity. The right conferred on minorities under Article 30 is only to ensure equality with the majority and not intended to place the minorities in a more advantageous position vis-à-vis the majority.

Topics covered - National Commission for Scheduled Castes, Non constitutional Bodies, Constitutional Bodies, National Commission for OBCs