Law and You > Constitutional Law > National Commission for Scheduled Castes (NCSC) (Art. 338)

The National Commission for Scheduled Castes (NCSC) is a constitutional body established under Article 338 of the Constitution of India to protect and promote the interests of Scheduled Castes (SCs), who have historically faced social and economic discrimination. The primary purpose of the Commission is to monitor the implementation of various safeguards and measures meant to improve the well-being of SCs and ensure their fundamental rights are protected. It investigates and addresses issues related to the violation of SCs’ rights, provides recommendations to the government, and ensures that affirmative action policies, such as reservations in education, employment, and political representation, are effectively implemented.

National Commission for Scheduled Castes

History:

Initially, the constitution provided for the appointment of a Special Officer under Article 338. The special officer was designated as the Commissioner for Scheduled Castes and Scheduled Tribes. 65^th Amendment, 1990 replaced the one-member system with a multi-member National Commission for Scheduled Castes (SC) and Scheduled Tribes (ST). The Constitution (65 Amendment) Act 1990, amended Article 338 of the Constitution. By 89^th Amendment, 2003 amendment, the erstwhile National Commission for SC and ST was replaced by two separate Commissions from the year 2004 which were: National Commission for Scheduled Castes (NCSC) and National Commission for Scheduled Tribes (NCST)- under Article 338-A.

Constitution

The National Commission for Scheduled Castes is typically headed by a Chairperson and supported by Members and a Secretary. The exact number of members may vary, but there are typically five members, including the Chairperson. Members are appointed by the President of India, and the Commission has the authority to take suo-motu action on issues affecting the Scheduled Castes.

Functions:

The National Commission for Scheduled Castes (NCSC) performs several important functions to protect and promote the interests of the Scheduled Castes (SCs) in India. Its functions are laid out under Article 338 of the Constitution of India, and it serves as a key body for safeguarding the rights of SCs. The primary functions of the NCSC include:

• Monitoring the Welfare of SCs: The Commission monitors the implementation of various constitutional safeguards, laws, and government programs aimed at improving the socio-economic conditions of Scheduled Castes.
• Inquiring into Complaints: The NCSC inquires into specific complaints related to the violation of the rights of Scheduled Castes. It can investigate issues like caste-based discrimination, untouchability, and the denial of access to public services.
• Advising the President: The Commission provides regular reports and recommendations to the President of India on the implementation of policies concerning the Scheduled Castes. It advises the government on the effectiveness of laws, policies, and schemes designed for SCs’ welfare.
• Reviewing the Implementation of Safeguards: The NCSC reviews the progress of the implementation of safeguards for Scheduled Castes, including reservation in education, employment, and political representation. It evaluates whether these safeguards are being followed effectively at the central and state levels.
• Recommending Corrective Measures: If the NCSC finds any shortcomings in the implementation of policies or laws, it can recommend corrective actions to the government to ensure the proper protection of the rights of SCs.
• Investigating Specific Issues: The Commission has the power to investigate and inquire into any matter relating to the welfare of Scheduled Castes, including grievances, violations, or non-implementation of laws.
• Promoting Awareness: It works to raise awareness about the constitutional rights of Scheduled Castes, educating communities about their rights and the available avenues for redressal in case of violations.
• Submission of Reports: The Commission submits an annual report to the President of India, which is then placed before both Houses of Parliament. This report includes details about its activities, findings, and recommendations.
• Monitoring Legislation: The NCSC examines existing laws and any proposed legislation to ensure that they are in line with the interests and protections of Scheduled Castes.

Through these functions, the NCSC plays a crucial role in safeguarding the rights of Scheduled Castes and working towards their social, economic, and political empowerment.

Constitutional Provisions for Upliftment of Schedule Castes:

• Article 15(4) refers to the special provisions for advancement of scheduled castes.
• Article 16(4A) speaks of “reservation in matters of promotion to any class or classes of posts in the services under the State in favour of SCs/STs, which are not adequately represented in the services under the State’.
• Article 17 abolishes Untouchability. Article 46 requires the State ‘to promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and to protect them from social injustice and all forms of exploitation.
• Article 335 provides that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.
• Article 330 and Article 332 of the Constitution respectively provide for reservation of seats in favour of the Scheduled Castes and the Scheduled Tribes in the House of the People and in the legislative assemblies of the States.
• Under Part IX relating to the Panchayats and Part IXA of the Constitution relating to the Municipalities, reservation for SC and ST in local bodies has been envisaged and provided.

Significance:

The National Commission for Scheduled Castes (NCSC) holds significant importance in India due to its role in safeguarding the rights, welfare, and development of the Scheduled Castes (SCs). Its significance lies in several key areas:

• Protection of Constitutional Rights: The NCSC ensures that the constitutional safeguards designed to protect the rights of Scheduled Castes are effectively implemented. It monitors the adherence to policies such as reservation in education, employment, and political representation, ensuring that SCs benefit from affirmative action programs.
• Addressing Caste-Based Discrimination: One of the most critical functions of the NCSC is to act as a watchdog against caste-based discrimination. The Commission addresses complaints regarding untouchability, social exclusion, and violence against SC communities, ensuring that such practices are challenged and eradicated.
• Advocacy for Social Justice: The NCSC acts as a powerful advocate for the social and economic upliftment of SCs. By investigating grievances, advising the government, and providing policy recommendations, the Commission plays a pivotal role in bringing about legislative and social reforms that support the marginalized communities.
• Empowerment through Education and Awareness: The Commission not only works towards the implementation of welfare schemes but also raises awareness about the rights of SCs. This educational role empowers communities by informing them about their entitlements and avenues for seeking justice.
• Monitoring Government Programs: The NCSC evaluates the effectiveness of government schemes and programs meant to benefit SCs. By doing so, it ensures that the implementation of welfare measures is aligned with the needs of the SC communities and addresses gaps in existing policies.
• Independent and Authoritative Body: As a constitutional body, the NCSC operates independently of the executive, giving it the authority and autonomy to act impartially in favour of Scheduled Castes. This ensures that its recommendations are objective, credible, and free from political influence.
• Channel for Grievances and Redressal: The Commission provides a formal channel for SCs to voice their grievances regarding violations of their rights. By investigating complaints, holding hearings, and submitting reports to the President, the NCSC serves as an effective mechanism for the redressal of injustices faced by SC communities.
• Catalyst for Legislative Change: The NCSC plays a significant role in recommending changes to laws and policies that may adversely affect the SCs. It also ensures that new legislation is in line with the spirit of the Constitution, contributing to a more inclusive legal framework for the marginalized.
• Facilitating Socio-Economic Justice: By overseeing the equitable distribution of resources and opportunities, the NCSC ensures that Scheduled Castes have equal access to social and economic opportunities, contributing to social justice in India.

Thus, the NCSC is a cornerstone in the fight for social equity and justice for Scheduled Castes. It ensures the proper implementation of affirmative action, monitors caste-based discrimination, and advocates for legislative changes that uplift marginalized communities, playing an essential role in fostering an inclusive and just society.

Conclusion:

In conclusion, the National Commission for Scheduled Castes (NCSC) is a vital constitutional body that plays a pivotal role in ensuring the rights and welfare of Scheduled Castes (SCs) in India. Established under Article 338 of the Constitution, its primary function is to monitor the implementation of safeguards designed to protect SCs from discrimination and ensure their socio-economic upliftment. By investigating complaints, advising the government, and making policy recommendations, the NCSC serves as a powerful mechanism to address caste-based injustices and promote equality.

The Commission’s functions—ranging from reviewing government policies to recommending corrective measures—are crucial in creating a more equitable society. Its role in enforcing affirmative action, such as reservation in education and employment, is vital for the empowerment of SCs, enabling them to access opportunities that were historically denied to them. Additionally, the NCSC plays an important part in raising awareness about the rights of SCs, helping marginalized communities understand their entitlements and avenues for redressal.

The significance of the NCSC lies not only in its investigative and advisory functions but also in its ability to facilitate legislative changes aimed at strengthening the rights of SCs. Through its ongoing efforts, the Commission ensures that the promises of the Indian Constitution—of social justice and equality—are upheld for Scheduled Castes. Ultimately, the NCSC is a critical institution in the journey towards a more inclusive and just society for all.

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