• UGI USER
  • Jun 04, 2024
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NATIONAL COMMISSION FOR SCHEDULED CASTE

Introduction

  • The National Commission for Scheduled Castes (NCSC) is a constitutional body in India established under Article 338 of the Indian Constitution. Its primary role is to protect the rights and interests of Scheduled Caste (SC) communities and ensure the effective implementation of welfare measures for SCs. The NCSC investigates complaints, monitors safeguard implementation, and advises governments on SC-related policies. It was established in 2004, following constitutional amendments to create separate commissions for SCs and Scheduled Tribes. The NCSC plays a vital role in promoting social justice and equality for SCs in India.

Evolution of NCSC

  • The National Commission for Scheduled Castes (NCSC) in India has evolved through various constitutional amendments and government resolutions:
  • Original Provision (Pre-1978): Article 338 of the Constitution initially provided for the appointment of a Special Officer for Scheduled Castes (SCs) and Scheduled Tribes (STs). This officer, known as the Commissioner for SCs and STs, was responsible for investigating matters related to constitutional safeguards for SCs and STs and reporting to the President.
  • 1978: Creation of Multi-Member Commission: In 1978, the government established a non-statutory multi-member Commission for SCs and STs through a resolution. The office of the Commissioner for SCs and STs continued to exist alongside this commission.
  • 1987: Modification and Renaming: In 1987, the government modified the functions of the Commission and renamed it as the National Commission for SCs and STs.
  • 1990: Constitutional Amendment (65th Amendment Act): The 65th Constitutional Amendment Act of 1990 led to the establishment of a high-level multi-member National Commission for SCs and STs, replacing the single Special Officer for SCs and STs, as well as the Commission set up under the 1987 resolution.
  • 2003: Constitutional Amendment (89th Amendment Act): The 89th Constitutional Amendment Act of 2003 divided the combined 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).
  • 2004: Establishment of the National Commission for Scheduled Castes: The National Commission for Scheduled Castes, as a separate entity, came into existence in 2004. It is composed of a chairperson, a vice-chairperson, and three other members, all appointed by the President through a formal warrant. The President also determines their conditions of service and tenure of office.
Data on Scheduled Castes
The following data is on Scheduled Castes (SCs) in India:

  • Population: According to the 2011 census, the SC population in India was 201.3 million, or 16.6% of the total population.
  • Geographic distribution: The SC population is concentrated in certain states, with the highest proportions in Punjab (31.9%), Haryana (28.3%), and Himachal Pradesh (25.3%). The lowest proportions are in Kerala (9.8%), Tamil Nadu (10.8%), and Karnataka (16.0%).
  • Urban-rural distribution: The SC population is more urbanized than the general population, with 33.2% of SCs living in urban areas compared to 27.8% of the general population.
  • Socioeconomic status: SCs are disproportionately represented among the poor and illiterate. In 2011, the poverty rate among SCs was 38.9%, compared to 21.9% for the general population. The illiteracy rate among SCs was 26.9%, compared to 17.7% for the general population.
  • Occupational distribution: SCs are disproportionately represented in menial and unskilled occupations. In 2011, 27.7% of SC workers were agricultural laborers, compared to 11.8% of general population workers.
  • The following are some additional data points on SCs in India, based on various government sources:
  • Education: In 2022-23, the gross enrollment ratio (GER) for SC students in primary education was 99.2%, compared to 98.2% for general students. The GER for SC students in secondary education was 90.9%, compared to 87.9% for general students.
  • Employment: In 2021-22, the unemployment rate for SCs was 6.3%, compared to 5.5% for the general population.
  • Land ownership: In 2015-16, SCs owned 7.9% of the operational landholdings in India, compared to 25.8% for the general population.

Functions

  • The functions and responsibilities of the National Commission for Scheduled Castes (NCSC), as enumerated in Article 338(5) of the Indian Constitution, include:
  • Investigation: The NCSC is tasked with the function of investigating and monitoring all matters related to the safeguards provided for Scheduled Castes under the Constitution, existing laws, or government orders.
  • Inquiry into Rights: The Commission is responsible for inquiring into specific complaints concerning the deprivation of rights and safeguards of Scheduled Castes. It conducts inquiries to address cases of discrimination, exploitation, or violations of their rights.
  • Participation and Advice: The NCSC actively participates in and offers advice on the planning process for the socio-economic development of Scheduled Castes. It plays a role in formulating policies and strategies to uplift and empower SC communities.
  • Evaluation: The Commission evaluates the progress of the socio-economic development of Scheduled Castes, both at the national and state levels. This assessment helps identify areas where further intervention may be needed.
  • Reporting: The NCSC is required to present annual reports on the working of safeguard policies to the President of India. Additionally, it may submit reports at other times as deemed necessary by the Commission.
  • Recommendations: One of the critical functions of the Commission is to make recommendations to the Union government and state governments for the effective implementation of safeguards and other measures aimed at the protection, welfare, and socio-economic development of Scheduled Castes. These recommendations help shape policies and actions that benefit SC communities.
  • Additional Functions: The NCSC may also discharge other functions related to the protection, welfare, development, and advancement of Scheduled Castes, as specified by the President. This provides flexibility for the Commission to address emerging issues and concerns.

Powers

  • The National Commission for Scheduled Castes (NCSC) possesses significant powers and quasi-judicial authority to fulfill its functions effectively. Some of the powers vested in the Commission are listed below:
  • Regulating Its Own Procedure: The NCSC has the autonomy to regulate its own procedure, which allows it to conduct investigations, inquiries, and other activities in accordance with its established rules and guidelines.
  • Summoning and Requiring Attendance: The Commission has the authority to summon and require the attendance of any person from any part of India. This means it can compel individuals to appear before the Commission for testimony or information.
  • Examination on Oath: The NCSC can examine individuals on oath, which carries a legal obligation to provide truthful and accurate information.
  • Discovery and Production of Documents: The Commission has the power to require the discovery and production of any document that may be relevant to an investigation or inquiry.
  • Receiving Evidence on Affidavits: The NCSC can accept evidence provided in the form of affidavits, written statements made under oath.
  • Requisitioning Public Records: The Commission can requisition any public record from any court or office. This enables the Commission to access official records and documents that are pertinent to its investigations.
  • Issuing Summons: The NCSC can issue summons to compel witnesses to appear before the Commission and to produce documents. This is a legal order that requires compliance.
  • Other Matters: The Commission may exercise other powers or undertake additional functions as determined by the President. This provides flexibility for addressing specific issues or concerns as needed.

Reports of the Commission

  • The National Commission for Scheduled Castes (NCSC) in India submits an annual report to the President, with the option to submit additional reports when necessary. The President places these reports before Parliament and provides a memorandum explaining the actions taken on the Commission’s recommendations, including reasons for non-acceptance. If the report pertains to a state government, it is forwarded to the state governor, who presents it to the state legislature along with a similar memorandum. This process ensures transparency, accountability, and oversight of issues related to Scheduled Castes and, in specific cases, the Anglo-Indian Community.