national commission for scheduled castes

National Commission for Scheduled Castes (NCSC)

Introduction

Committed to the complete implementation of several acts like the SC ST (POA) Act 1989, PCR Act 1955, and many more, the National Commission for Scheduled Castes was formed under article 338 of the Indian Constitution. For the first time, after the Census of 1937, certain castes were recognized as ‘depressed classes’. The government acknowledged the social disadvantages of these classes. Caste, race, or tribes under Article 341(1) are seen as scheduled castes. 

Background of NCSC

After categorising the Scheduled Classes, a special offer was inserted in the Constitution to implement safeguards for the scheduled castes and scheduled tribes. This special offer was inserted in Article 338 of the Constitution. It was designated as Commissioner for SC and ST. Its duty was to report all the matters regarding the safeguard of the SC and ST after investigation.

However, the members of the Parliament demanded the establishment of a multi-member system by amendment of Article 338. 

The first Commission for the SC and ST came into existence in 1978. The Constitution (65th Amendment) Act. This gave life to the National Commission for Scheduled Castes and Scheduled Tribes which consisted of Chairman, Vice-Chairman, and other five members. In 2003, the 89th amendment bifurcated this multi-member system into National Commission for Scheduled Castes and National Commission for Scheduled Tribes. In 2004, The National Commission for Scheduled Castes was formed. 

Composition of National Commission for Scheduled Castes

The National Commission for Scheduled Castes consists of the following – 

• Chairman (Vijay Sampla is the current Chairman)
• Vice-Chairman
• Three other members

The President appointed all of these members under his hand and seal. The status of the Chairman is of a cabinet minister, and the Vice-Chairman is like the minister of the state.

Powers vested with the National Commission for Scheduled Castes

The NCSC can exercise the following powers vested with it – 

• It has the power to regulate its procedure.
• The NCSC summons the attendance of any person and examines on oath.
• It can receive evidence on affidavits. 
• NCSC can issue a Commission to scrutinise witnesses and documents.
• The NCSC can enforce the production of any documents.

Functions of National Commission for Scheduled Castes

The following are the functions of the NCSC – 

• All the safeguard provisions provided for the scheduled castes under the Constitution are investigated and monitored by the NCSC.
• The NCSC is involved in the inquiry of complaints related to deprivation in the provision of safeguard and rights of the SCs.
• NCSC reports the President on implementing these safeguards regularly.
• The NCSC recommends plans for the socio-economic development of the SCs. It also suggests steps that can be taken for the community’s welfare, protection, and advancement.
• Until 2018, the NCSC was responsible for discharging similar functions for the other backward classes (OBCs) as well. However, the 102nd Amendment Act of 2018 was relieved from this responsibility.
• The NCSC also discharges similar functions for the Anglo-Indian community.
• The NCSC sets up special courts to perform key monitoring activities. These special courts help speed the offences under the Civil Rights Act and the Atrocities Act.
• The NCSC also monitors the disposal rates of these courts. The NCSC has made several on-spot inquiries into complaints of atrocities.

Problems involved with The National Commission for Scheduled Castes

There are several drawbacks of the National Commission for Scheduled Castes. They are discussed as follows – 

• Even though the Commission has the powers of carrying out extensive investigations and recommending actions, these recommendations are non-binding. 
• The Commission prioritises only the elites of these communities. The poor section of this community is neglected, and the Commission has remained insensitive towards them.
• Delivery of judgement and the conducting of inquiries is very delayed by the Commission. Moreover, there is a reputation of the Commission for confirming the government’s position in most cases.
• The annual reports are often tabled after their submission to the President and are rarely discussed in the Parliament.
• The proliferation of the institutions has created internal confusion. This confusion has made the roles and powers of these individual institutions, in the case of scheduled castes, very obscure. 
• The effectiveness of the Commission is retarded usually because of the litigation in the matter of criminal investigation. 

List of the National Commission for Scheduled Castes

Conclusion

Indian society is drowned in the evil of identifying an individual based on their caste. The extremities are such that their caste can decide their fate, education, profession, and policing. The Scheduled Caste of the society deserves the same dignity as any other individual of the society. The National Commission for Scheduled Castes must fix the many places they are falling apart in providing equality to these castes.