NCSC, National Commission for Scheduled Castes, Functions

The National Commission for Scheduled Castes (NCSC) is a constitutional body, established to safeguard the rights and interests of Scheduled Castes (SCs). Its primary objective is to monitor and evaluate the implementation of various safeguards and policies for SCs, ensuring their social, educational, and economic upliftment.

Over the years, the NCSC has evolved to meet the changing needs of SCs, reflecting the socio-political dynamics of the country. Through its annual reports and ongoing investigations, the NCSC works to highlight challenges and promote awareness, ultimately striving for a more equitable society.

NCSC Constitutional Provisions

The National Commission for Scheduled Castes (NCSC) was established under Article 338 of the Constitution of India. This article mandates the formation of a commission to inquire into specific complaints regarding the violation of the rights of SCs and evaluate the effectiveness of various welfare schemes designed for their upliftment.

• According to Article 366(24) of the Indian Constitution, "Scheduled Castes means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Article 341 to be Scheduled Castes for this Constitution."
• Furthermore, Article 341(1) empowers the President to specify, through public notification, the castes, races, or tribes deemed to be Scheduled Castes in any State or Union Territory, after consulting the respective Governor.

NCSC Evolution

The evolution of the National Commission for Scheduled Castes (NCSC) reflects the changing approaches to protecting the rights of Scheduled Castes (SCs) in India. Originally, Article 338 of the Constitution established the appointment of a Special Officer for Scheduled Castes (SCs) and Scheduled Tribes(STs) to investigate matters related to their constitutional safeguards and report to the President on their implementation.

• In 1978, the government created a non-statutory Commission for SCs and STs. In 1987, it was renamed the National Commission for SCs and STs.
• The 65th Constitutional Amendment Act in 1990 established a high-level National Commission, replacing the previous structure.
• In 2003, the 89th Constitutional Amendment Act split this Commission into two separate bodies: the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes.
• The National Commission for Scheduled Castes was formally established in 2004 to better address the needs of SC communities in India.

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NCSC Composition and Tenure

The National Commission for Scheduled Castes (NCSC) is composed of a chairperson, a vice-chairperson, and three additional members. These individuals are appointed by the President of India through a warrant bearing his signature and seal. The President also determines their conditions of service and the tenure of their office.

• The Chairperson, Vice-Chairperson, and other members serve a term of three years, commencing from the date they assume their respective offices.
• They are not eligible for reappointment beyond two terms.

NCSC Functions

The National Commission for Scheduled Castes (NCSC) is entrusted with a broad range of responsibilities aimed at ensuring the protection and development of Scheduled Castes (SCs). The key functions of NCSC are as follows:

• Investigate and monitor all matters related to constitutional and legal safeguards for SCs and assess their effectiveness.
• Inquires into specific complaints regarding the deprivation of rights and safeguards for SCs.
• Advises on and participates in the planning process for the socio-economic development of SCs, while evaluating the progress of development initiatives at the Union or state level.
• Presents annual and periodic reports to the President on the functioning of safeguards meant for SCs.
• Recommends measures to the Union or state governments for the effective implementation of protections and the socio-economic development of SCs.
• Performs additional functions related to the protection, welfare, and advancement of SCs as may be specified by the President.

NCSC Powers

The National Commission for Scheduled Castes is endowed with significant powers to regulate its procedures and effectively carry out investigations and inquiries. While examining complaints or investigating matters related to the rights and safeguards of Scheduled Castes, the Commission operates with the authority of a civil court. This grants it wide-ranging judicial powers to ensure proper enforcement of SC rights and safeguards. The NCSC has the following powers:

• Summoning and enforcing the attendance of any individual from any part of India and examining them under oath.
• Requiring the discovery and production of documents relevant to its inquiry.
• Receiving evidence through affidavits.
• Requisitioning any public record or document from a court or office.
• Issuing summons for the examination of witnesses and documents.
• Exercising any additional powers determined by the President of India.

The Central and state governments are also required to consult the NCSC on all major policy decisions impacting SCs. Additionally, the Commission is tasked with similar functions for the Anglo-Indian community. Until the 102nd Amendment Act of 2018, the Commission also carried out functions related to Other Backward Classes (OBCs), but it was relieved of this responsibility after the amendment.

NCSC Report

The National Commission for Scheduled Castes (NCSC) submits an annual report to the President of India, detailing its findings and recommendations. In addition to the annual report, the Commission can submit reports whenever it deems necessary to highlight critical issues or developments.

• The President places these reports before Parliament, accompanied by a memorandum that explains the actions taken on the Commission's recommendations.
  • If any recommendations are not accepted, the memorandum must provide reasons for the non-acceptance.
• For reports concerning state governments, the President forwards them to the respective state governor. The governor then places the report before the state legislature, along with a similar memorandum explaining the actions taken and justifications for not accepting any of the recommendations.

NCSC Issues

Despite its critical role in safeguarding the rights of Scheduled Castes, the National Commission for Scheduled Castes (NCSC) faces several challenges that hinder its effectiveness. These issues range from limitations in its authority to delays in the implementation of its recommendations, impacting the overall protection and socio-economic development of SC communities. Key issues are:

• Inadequate powers: The NCSC lacks the power to enforce its recommendations, and its role is limited to making recommendations to the government.
• Insufficient funding: The NCSC faces resource constraints, which limit its ability to undertake research and development programs, and implement schemes and policies for the welfare of the SCs.
• Ineffective implementation of laws and policies: While the NCSC makes recommendations to the government on issues affecting the SCs, there have been instances of inadequate implementation of laws and policies aimed at protecting the interests of the SCs.
• Political interference: There have been instances of political interference in the functioning of the NCSC, which undermines its independence and limits its ability to perform its duties effectively.

NCSC UPSC PYQs

Question 1) Whether National Commission for Scheduled Castes (NCSCJ) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine. (UPSC Mains 2018)