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National Commission for SCs
National Commission for Scheduled Castes (SCs)
The National Commission for Scheduled Castes (SCs) is a constitutional body established under Article 338 of the Constitution of India. Its primary purpose is to safeguard the rights and interests of Scheduled Castes and ensure their social, economic, and educational development.Evolution of the Commission
1. Original Provision:
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- Initially, Article 338 provided for the appointment of a Special Officer for Scheduled Castes and Scheduled Tribesto investigate matters related to the constitutional safeguards for these groups. The officer was designated as the Commissioner for SCs and STs.
2. 1978 Resolution:
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- A non-statutory multimember Commission for SCs and STs was established through a government resolution. The office of the Commissioner continued to exist alongside this new body.
3. 1987 Modification:
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- The government modified the functions of the Commission and renamed it the National Commission for SCs and STs.
4. 65th Constitutional Amendment Act (1990):
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- This act established a high-level multi-member National Commission for SCs and STs, replacing the position of a single Special Officer.
5. 89th Constitutional Amendment Act (2003):
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- The combined National Commission for SCs and STs was bifurcated into two separate entities:
- National Commission for Scheduled Castes (Article 338).
- National Commission for Scheduled Tribes (Article 338-A).
- The combined National Commission for SCs and STs was bifurcated into two separate entities:
6. Formation of the Commission:
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- The separate National Commission for SCscame into existence in 2004 and consists of:
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- A Chairperson.
- A Vice-Chairperson.
- Three other members.
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- All members are appointed by the President of India, who also determines their conditions of service and tenure.
- The separate National Commission for SCscame into existence in 2004 and consists of:
Functions of the Commission
The Commission has several key functions aimed at protecting the rights and promoting the welfare of Scheduled Castes:
1. Investigation and Monitoring:
- The Commission investigates and monitors matters related to constitutional and legal safeguards for SCs, evaluating their effectiveness.
2. Inquiries into Complaints:
- It inquires into specific complaints regarding deprivation of rights and safeguards for SCs.
3. Participation in Planning:
- The Commission participates in and advises on the socio-economic development planning process for SCs and evaluates progress in their development at the Union or state level.
4. Reporting to the President:
- It presents annual reports and other reports as deemed fit to the President on the implementation of safeguards for SCs.
5. Recommendations:
- The Commission makes recommendations on measures that should be taken by the Union or state governments to implement these safeguards effectively and to promote the welfare and development of SCs.
6. Additional Functions:
- The Commission may perform other functions related to the protection, welfare, and advancement of SCs, as specified by the President.
The National Commission for Scheduled Castes serves as a crucial body in promoting and protecting the rights of Scheduled Castes in India. By investigating issues, advising on development schemes, and evaluating the implementation of protections, the Commission plays a significant role in advancing the socio-economic status of SCs and ensuring their integration into the broader societal framework.
Report of the National Commission for Scheduled Castes
The National Commission for Scheduled Castes (SCs) plays a vital role in monitoring and advocating for the rights and welfare of Scheduled Castes in India. Below are the key aspects related to the reporting process and the powers vested in the Commission.
Reporting Process
1. Annual Reports:
- The Commission presents an annual reportto the President of India, detailing its findings, activities, and recommendations regarding the welfare of Scheduled Castes.
- The Commission may also submit additional reports as it deems necessary based on emerging issues or specific complaints.
2. Presidential Submission to Parliament:
- The President places all reports submitted by the Commission before the Parliament, along with a memorandum explaining the action taken on the Commission’s recommendations.
- The memorandum should include reasons for non-acceptance of any recommendations to ensure transparency and accountability.
3. Reports to State Governors:
- Any report pertaining to a state government is forwarded by the President to the Governorof that state.
- The Governor is then responsible for presenting the report to the state legislature, together with a memorandum regarding the action taken on the Commission’s recommendations.
Powers of the Commission
The National Commission for SCs is endowed with specific powers to enable it to perform its functions effectively:
1. Regulation of Procedure:
- The Commission has the authority to regulate its own procedure when conducting investigations and inquiries.
2. Civil Court Powers:
- While investigating a matter or inquiring into a complaint, the Commission possesses the same powers as a civil court in India, specifically:
- Summoning and enforcing the attendance of any person and examining them under oath.
- Requiring the discovery and production of documents.
- Receiving evidence on affidavits.
- Requisitioning any public record from courts or offices.
- Issuing summons for the examination of witnesses and documents.
- Carrying out any other functions as determined by the President.
- While investigating a matter or inquiring into a complaint, the Commission possesses the same powers as a civil court in India, specifically:
3. Consultation Mandate:
- Both the Central and state governments are mandated to consult the Commission on all major policy matters that affect Scheduled Castes, ensuring their involvement in policy formation.
4. Functions Regarding the Anglo-Indian Community:
- The Commission is also responsible for investigating matters and ensuring constitutional safeguards for the Anglo-Indian Community, and it reports these findings to the President.
5. Responsibility Towards Other Backward Classes (OBCs):
- Prior to the 102nd Amendment Act of 2018, the Commission was required to perform similar functions for the Other Backward Classes (OBCs). However, this responsibility was removed following the amendment.
The National Commission for Scheduled Castes serves a crucial role in protecting the rights and interests of SCs in India. Through its reporting mechanism and the powers vested in it, the Commission actively monitors the implementation of safeguards, making recommendations to the government, and ensuring that the voices of Scheduled Castes are heard in policy making. The consultation requirement imposed on the Central and state governments reinforces its pivotal position in the Indian social and political landscape.
