National Commission for Scheduled Castes (NCSC): Evolution, Functions, Challenges and Recommendations

The National Commission for Scheduled Castes (NCSC) is a Constitutional body established under Article 338 of the Indian Constitution, aimed at safeguarding the interests and rights of Scheduled Castes. Its evolution has seen significant milestones, from its initial non-statutory form in 1978 to its current structure, shaped by various Constitutional amendments. Despite its crucial role, the NCSC faces several challenges and criticisms regarding its effectiveness, biases, and operational procedures.

National Commission for Scheduled Castes (NCSC)

Constitutional Body: The National Commission for Scheduled Castes is an Indian constitutional body created to safeguard the rights of Scheduled Castes and Anglo-Indian communities. It comes under the jurisdiction of the Ministry of Social Justice and Empowerment. 

• Primary Objective: Its primary objective is to promote and protect their social, educational, economic, and cultural interests. 
• Constitutional Provisions: Special provisions for this commission are outlined in the Constitution, specifically in Article 338.

Evolution of the NCSC

• • Constitutional Status: The erstwhile National Commission for Scheduled Castes and Scheduled Tribes was granted Constitutional status by the 65th Constitutional Amendment.
  • 1978: The Government established a non-statutory, multi-member Commission for Scheduled Castes (SCs) and Scheduled Tribes (STs).
    • The Office of Commissioner continued to exist.
  • 1987: The 1978 Commission was renamed the National Commission for SCs and STs.
  • 1990: The 65th Constitutional Amendment replaced the Commissioner for SCs and STs with a multi-member National Commission for SCs and STs.
  • 2003: The 89th Constitutional Amendment divided the National Commission for SCs and STs into two separate bodies:
• National Commission for Scheduled Castes (NCSC) under Article 338
• National Commission for Scheduled Tribes (NCST) under Article 338-A
• 2004: The NCSC was officially formed with a Chairperson, Vice-Chairperson, and three other members.

Constitutions of the National Commission for Scheduled Castes

• First NCSC (24th February 2004)
• Second NCSC (25th May 2007)
• Third NCSC (15th October 2010)
• Fourth NCSC (22nd October 2013)
• Fifth NCSC (1st June 2017)
• Sixth NCSC (24th February 2021):
• • Chairperson: Shri Vijay Sampla
    • Vice-Chairman: Shri Arun Halder
    • Members: Shri Subhash Ramnath Pardhi and Dr. Anju Bala

Appointment and Tenure

• Appointment: The body comprises the Chairperson, Vice Chairperson, and 3 other members. 
  • They are appointed by the President by warrant under his hand and seal. 
• Tenure: Tenure and conditions of service of office are determined by the President, usually 3 years, under the National Commission Scheduled Castes Chairperson and Vice Chairperson and Members ( Conditions of Service and Tenure) Rules 2004. 
  • They cannot serve more than two terms.

Removal Process

• • Resignation: The Chairperson and Vice-Chairperson and any other Member may, by notice in writing under his hand addressed to the President, resign his post.
  • Removal of the Chairperson: The Chairperson can only be removed from office by an order of the President.
    • Grounds for removal include misbehavior, which must be confirmed by the Supreme Court after an inquiry.
    • The Supreme Court conducts the inquiry following procedures under Article 145 of the Constitution.
    • If the Supreme Court reports that the Chairperson should be removed, the President can order the removal.
  • Suspension: The President may suspend from office the Chairperson in respect of whom a reference has been made to the Supreme Court under this sub-rule until the President has passed orders on receipt of the report of the Supreme Court on such reference.
  • Conflict of Interest: If the Chairperson is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State, he shall be deemed guilty of misbehavior.

• Notwithstanding anything the President may by order remove from office the Chairperson if the Chairperson.

• • Is adjudged an insolvent.
  • Engaged during his term of office in any paid employment outside the duties of his office.
  • Is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

Removal of Vice-Chairperson and other members

• Becomes an undischarged insolvent.
• Gets convicted and sentenced to imprisonment for an offense which in the opinion of the President, involves moral turpitude.
• In the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.
• Refuses to act or becomes incapable of acting.
• Without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission.
• In the opinion of the President, has so abused the position of Vice-Chairperson or Member as to render that person’s continuance in office detrimental to the interest of the Scheduled Castes.
• Provided that no person shall be removed under this clause until he has been given reasonable opportunity to be heard in the matter.

Functions National Commission for Scheduled Castes (SCs)

The following are the functions of the commission under Article 338(5):

• Investigation and Monitoring: The commission’s primary role is to investigate and monitor various aspects related to Scheduled Castes’ safeguards. 
• Inquiries and Complaints: The commission is empowered to inquire into specific complaints regarding the deprivation of rights and safeguards for Scheduled Castes. 
• Participation and Advice: The commission plays a crucial role in the socio-economic development of Scheduled Castes. 
  • It participates and advises on developmental planning and progress evaluation for initiatives planned for Scheduled Castes.
• Recommendations: The commission is empowered to make recommendations for the effective implementation of safeguards and other measures for the protection, welfare, and socio-economic development of Scheduled Castes.
• Additional Functions: The commission may perform other functions as required by the President, focusing on the overall welfare, development, protection, and advancement of Scheduled Castes.
• Annual Reporting: The commission is responsible for presenting both annual and additional reports, as deemed necessary by the Commission to the President 

Challenges And Criticisms Faced By The National Commission For Scheduled Castes

• Elite Bias and Narrow Interpretation: The Commission has been criticized for interpreting its mandate narrowly, showing elite bias.
  • It is most active and effective in service-related safeguards, mainly responding to complaints from the more educated and informed sections.
• Limited Impact on Atrocities and Untouchability: Despite competence in resolving service-related grievances, the Commission struggles to reduce violence and discrimination against Dalits.
  • It has suggested improvements in procedures and reservations but has not driven significant change in landlessness or social discrimination.
• Member Competence and Appointment Procedures: The effectiveness of the Commission depends on its members, especially the Chairperson.
  • The lack of standardized appointment procedures often results in less competent members, including politicians or bureaucrats seeking temporary positions.
• Non-Binding Recommendations: The Commission’s decisions are recommendatory, not binding, creating ambiguity under Article 338.
  • It has quasi-judicial powers but lacks authority to enforce its judgments.
  • Its effectiveness relies on moral authority and imaginative reporting.
• Monitoring vs. Complaint Redressal: The Commission faces tension between monitoring safeguards and addressing complaints.
  • • Activists argue for more investigative powers, but this could create inefficiencies and legal challenges, hindering its primary monitoring role.
• Reporting and Parliamentary Delays: The Commission must prepare an Annual Report for Parliament, often delayed due to the need for Action Taken Reports from various Ministries.
  • • There is no fixed period for discussing the Report in Parliament.
• Lack of Parliamentary Discussion: Reports, when tabled, are rarely discussed in Parliament.
  • • This contrasts with the active Parliamentary Committee on the Welfare of Scheduled Castes and Scheduled Tribes.
• Institutional Proliferation and Leadership
  • • The proliferation of institutions has created confusion over roles and powers.
    • Effectiveness often depends on the leadership of the institution.
• Misuse of Article 338
  • Collector, Bilaspur vs. Ajit P.K. Jogi (2012): Misuse of Article 338 was highlighted when a complaint was lodged about a false caste certificate.
  • LIC v. National Commission for Scheduled Caste (2022): The Court clarified that the Commission can conduct inquiries but cannot issue directives on promotions or postings, which fall under service conditions.

Recommendations to Improve Functioning of  National Commission For Scheduled Castes

• Importance of the Annual Report: The Annual Report is crucial but often tabled years late and rarely debated.
  • An amendment in Article 338 or the rules is needed to fix a discussion period in Parliament.
• Improving Report Quality: Report quality, especially in data organization, has declined.
  • The Commission should focus on qualitative studies and reliable data on societal changes, such as the “creamy layer” among SCs, and the impact of reservations.
• Improving Appointment Processes: A more institutionalized and autonomous appointment process for the Chairperson and members is needed.
  • Appointments should be through a consensual political process to enhance effectiveness and address sensitive issues.
  • Addressing Elite Bias: The Commission’s priorities favor the elite within these communities.
  • To counteract this bias, the Commission should be more proactive with its suo moto powers and sensitive to exclusions due to lack of education and information.
• Internal Evaluation: The Commission should continuously evaluate and redefine its priorities to fulfill its mandate more equitably.

Conclusion

To enhance the effectiveness of the NCSC, it is imperative to address the issues of elite bias, non-binding recommendations, and delayed reporting. By improving the quality of reports, streamlining appointment processes, and ensuring proactive use of its powers, the NCSC can better fulfill its mandate. Continuous internal evaluation and a focus on genuine socio-economic changes are essential for the Commission to uphold its constitutional responsibilities and serve the Scheduled Castes more equitably.

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