1. Evolution of the National Commission for SCs

Initial Framework:

  • Originally, Article 338 appointed a Special Officer for SCs and STs to oversee constitutional safeguards and report to the President.

Key Milestones:

  1. 1978: A non-statutory, multi-member commission for SCs and STs was established, while the Special Officer role persisted.
  2. 1987: The commission was restructured as an advisory body for policy and developmental issues of SCs and STs.
  3. 1990 (65th Amendment Act): Replaced the single Special Officer with a high-level, multi-member National Commission for SCs and STs.
  4. 2003 (89th Amendment Act): Separated the combined commission into two distinct entities:
    • National Commission for Scheduled Castes (Article 338)
    • National Commission for Scheduled Tribes (Article 338-A)
  5. 2004: The National Commission for Scheduled Castes was formally established with a chairperson, vice-chairperson, and three members appointed by the President for a three-year term (renewable for a maximum of two terms).

2. Functions of the National Commission for SCs

Primary Roles:

  • Investigative & Monitoring Role:
    • Examines issues related to constitutional and legal safeguards for SCs and evaluates their implementation.
  • Complaint Inquiry:
    • Investigates specific complaints about the deprivation of rights and safeguards for SCs.
  • Developmental Advisory Role:
    • Advises on socio-economic development planning and evaluates progress under Union or State initiatives.
  • Reporting:
    • Submits annual and additional reports to the President on safeguard performance and issues recommendations for policy improvements.
  • Welfare Recommendations:
    • Proposes measures for protection, welfare, and socio-economic upliftment of SCs.

Example: The Commission might evaluate if specific educational or employment quotas for SCs are effectively implemented and accessible across states.

3. Reporting Mechanisms

Annual and Special Reports:

  • Reports to the President: Presented annually or as necessary, documenting the status and efficacy of SC-related safeguards.
  • Parliamentary Presentation:
    • The President presents these reports to Parliament with an action-taken memorandum.
    • In cases where recommendations aren’t accepted, explanations must be provided.
  • State-Level Reports:
    • Reports relevant to state matters are forwarded to the State Governor, who then submits them to the State Legislature with a similar action-taken memorandum.

Example: If the Commission identifies issues in housing allotments for SCs in a particular state, the report will be forwarded to that state’s Governor, ensuring state accountability.

4. Powers of the National Commission for SCs

Judicial-Like Powers:

  • The Commission holds civil court powers during investigations and complaints, specifically:
    • Summoning individuals from any part of India.
    • Document discovery and production.
    • Evidence collection on affidavits.
    • Requisitioning public records from courts or offices.
    • Summoning witnesses and documents for examination.

Central & State Government Consultation:

  • The Commission must be consulted on major policy issues affecting SCs.

Example: If there’s a policy change in educational scholarships affecting SCs, the government is mandated to consult the Commission before implementation.

5. Additional Responsibilities and Changes

Anglo-Indian Community:

  • The Commission also has similar functions for the Anglo-Indian Community as outlined in Clause 10 of Article 338.

Past Responsibilities for OBCs:

  • Until 2018, the Commission’s role extended to matters involving Other Backward Classes (OBCs), but this was reassigned by the 102nd Amendment Act of 2018.