Constitutional Mandate

The National Commission for Scheduled Castes (NCSC) is a constitutional body set up under Article 338 of the Indian constitution.

Origin

• Jurisdiction: The National Commission for Scheduled Castes works under the jurisdiction of the Union Ministry of Social Justice and Empowerment. 
• Previous Role: Previously, the NCSC was formed in 1974 as Commission for Scheduled Castes and Scheduled Tribes, under Article 338 of the Constitution.
  • Following the 89th Amendment Act, 2003 the National Commission for Scheduled Castes and Scheduled Tribes was bifurcated to form National Commission for SC (Article 338) and National Commission for ST (Article 338A).
• Aim of NCSC: The main aim of forming NCSC was to provide safeguards against the exploitation of Scheduled Castes and to promote and protect their social, educational, economic, and cultural interests.

Also Read About National Commission for Scheduled Tribes (NCST)

Also Read About National Commission for Backward Classes (NCBC)

How are members of the National Commission for Scheduled Castes (NCSC) Appointed?

• Authority: The commission, which consists of a Chairperson, a Vice-Chairperson, and 3 other members, are appointed by the President by warrant under his hand and seal.
• Composition: A Chairperson, a Vice-Chairperson, and three other members.
• Tenure: Their conditions of service and tenure of office of all members are determined by the President. Usually, the tenure of the chairperson is 3 years.
• Status: The Chairman of the National Commission for Scheduled Castes has the status of a cabinet minister and the vice chairman has the rank of a minister of state.

What are the powers of the National Commission for Scheduled Castes?

• Regulate Procedure: NCSC enjoys the power to regulate its own procedure.
• Summoning Persons: The NCSC has the power to summon the attendance of any person and examines on oath.
• Evidence on Affidavits: NCSC can receive evidence on affidavits. 
• Powers of Civil Court: The Commission is vested with all the powers of a civil court.
• Examine Witness: NCSC has powers to scrutinize witnesses and documents.
• Document Production: The NCSC can enforce the production of any specific documents.

What are the functions of the National Commission for Scheduled Castes?

• Safeguards of Scheduled Castes: The National Commission for Scheduled Castes has the responsibility to investigate & monitor matters relating to safeguards provided for SCs at both centre and state levels.
• Providing Annual Report: The Commission presents an annual report to the President regarding the working of safeguards for SCs. 
• Measures for Welfare: The commission suggests measures to be taken for the protection, welfare, and socio-economic development of the Scheduled Castes.
• Miscellaneous: The commission discharges any other functions related to the welfare and development of SCs as the President may specify.
• Anglo-Indian Community: The NCSC investigates all matters related to constitutional and legal safeguards for the Anglo-Indian community.
• Special Courts: Special courts are set up by the NCSC to perform key monitoring activities, helping speed the offenses under the Civil Rights Act and the Atrocities Act.

What is the removal procedure for members of the National Commission for Scheduled Castes?

• Grounds: The members of the National Commission for SC have no fixed tenure and serve till the pleasure of the President.
• Resignation: They can resign from their position by writing to the President of India. 

What are the criticisms of the National Commission for Scheduled Castes?

• Non-binding Recommendations: Even though the National Commission for Scheduled Castes has the power to carry out extensive investigations and recommend actions, these recommendations are non-binding.
• Limited Coverage: The commission has been able to uphold the rights of only the elite members of the Sc community and not the poorer sections living within villages.
• Slow Judgment: There is a delay in conducting an inquiry and providing judgment on the issues referred to the commission.
• Suo Motu Cognisance Powers: The NCSC has failed to effectively use its powers of suo motu cognisance actively enough.
• Irregular Report: Even though the report by NCSC has to be placed before the parliament regularly, they are often tabled two or more years after they have been submitted to the President.
• Proliferation of the Institution: Duplication and multiplication of institutions have created more confusion, affecting the functioning of the body effectively.