Constitutional Status: The National Commission for Scheduled Castes (SCs) is a constitutional body established by Article 338 of the Constitution. Other national commissions are statutory bodies.
Evolution:
- Originally, Article 338 provided for a Special Officer for SCs and STs.
- 1978: A non-statutory multi-member Commission for SCs and STs was established via a Government Resolution. The Office of Commissioner for SCs and STs continued.
- 1987: The commission's functions were modified, and it was renamed the National Commission for SCs and STs. It became a National Level Advisory Body.
- 1990: The 65th Constitutional Amendment Act established a high-level multi-member National Commission for SCs and STs, replacing the Special Officer and the Commission set up in 1987.
- 2003: The 89th Constitutional Amendment Act bifurcated the combined commission into two separate bodies: The National Commission for Scheduled Castes (Article 338) and the National Commission for Scheduled Tribes (Article 338-A).
- The separate National Commission for SCs came into existence in 2004.
Composition:
- The commission consists of a chairperson, a vice-chairperson, and three other members.
- Appointed by the President by warrant under his hand and seal.
- Conditions of service and tenure are determined by the President.
- Term of office is three years; they are not eligible for more than two terms.
Functions:
- Investigate and monitor all matters relating to the constitutional and other legal safeguards for the SCs and evaluate their working.
- Inquire into specific complaints with respect to the deprivation of rights and safeguards of the SCs.
- Participate and advise on the planning process of socio-economic development of the SCs and to evaluate the progress of their development.
- Present annual reports to the President.
- Make recommendations for effective implementation of safeguards.
- Discharge other functions as the President may specify related to protection, welfare, development, and advancement.
Reports:
- The commission presents an annual report to the President and can also submit reports as necessary.
- The President places reports before Parliament with a memorandum explaining the action taken on recommendations and reasons for non-acceptance.
- Reports pertaining to state governments are forwarded to the governor, who presents them before the state legislature with a similar memorandum.
Powers:
- The commission has the power to regulate its own procedure.
- Powers of a Civil Court:
- Summoning and enforcing attendance of any person and examining them on oath.
- Requiring the discovery and production of any document.
- Receiving evidence on affidavits.
- Requisitioning any public record.
- Issuing summons for the examination of witnesses and documents.
- Any other matter the President may determine.
- The Central and State Governments are required to consult the Commission on major policy matters affecting the SCs.
Additional Responsibilities:
- The Commission is required to discharge similar functions with regard to the Anglo-Indian Community.
- Until 2018, it also discharged similar functions for Other Backward Classes (OBCs). This responsibility was removed by the 102nd Amendment Act of 2018.