Role of National Commission for Scheduled Castes

How to Approach

The question asks for a note on the role of the National Commission for Scheduled Castes (NCSC). A good answer will define the NCSC, outline its constitutional basis, detail its functions (investigative, advisory, protective, etc.), discuss its powers, and briefly mention recent challenges or criticisms. Structure the answer chronologically – formation, functions, powers, limitations, and recent developments. Focus on the constitutional provisions and landmark cases related to the NCSC.

Constitutional Basis and Formation

Article 338 of the Constitution provides for the establishment of a National Commission for Scheduled Castes. The NCSC (Constitution (Scheduled Castes) Order, 2004) is comprised of a Chairperson, Vice-Chairperson, and three other members, all appointed by the President. The term of office is generally three years. The commission is mandated to report to the President annually, outlining its activities and recommendations.

Functions of the NCSC

The NCSC performs a wide range of functions, broadly categorized as follows:

Investigation: Investigating and monitoring the implementation of constitutional safeguards, laws, and government policies concerning the protection, development, and welfare of Scheduled Castes.
Advisory Role: Advising the Central and State Governments on issues relating to the Scheduled Castes and suggesting measures for their improvement.
Protective Role: Receiving and investigating complaints regarding violations of rights and safeguards available to Scheduled Castes.
Research & Promotion: Promoting research and studies related to the socio-economic conditions of Scheduled Castes.
Special Reports: Presenting special reports to the President upon any matter pertaining to Scheduled Castes.

Powers of the NCSC

The NCSC possesses significant powers to effectively discharge its functions:

Summoning Powers: The Commission has the power to summon any person and compel the production of documents.
Witness Examination: It can examine witnesses under oath.
Inspection of Records: The NCSC can inspect government records related to Scheduled Castes.
Report Submission: It submits annual reports and special reports to the President, which are then laid before both Houses of Parliament.

Limitations and Challenges

Despite its powers, the NCSC faces several limitations:

Non-Binding Recommendations: The recommendations of the NCSC are not binding on the government. Implementation depends on the government’s willingness.
Lack of Enforcement Powers: The Commission lacks direct enforcement powers to implement its recommendations.
Resource Constraints: Insufficient funding and manpower can hinder its effectiveness.
Political Interference: Concerns have been raised regarding political interference in the functioning of the Commission.

Recent Developments & Significance

In recent years, the NCSC has been actively involved in investigating cases of atrocities against Scheduled Castes, particularly those related to caste-based discrimination and violence. The Commission has also been advocating for increased representation of SCs in government jobs and educational institutions. The 97th Constitutional Amendment Act, 2009, provided for reservation in promotions for SCs, a matter the NCSC actively supported. The NCSC continues to play a vital role in ensuring social justice and equality for the Scheduled Castes in India.

Additional Resources

Key Definitions

Scheduled Castes (SCs)

As defined in Article 341 of the Constitution, Scheduled Castes are those communities that have been historically disadvantaged due to social and economic factors, and are recognized by the President of India through a Presidential Order.

Atrocity

In the context of Scheduled Castes, an atrocity refers to any act of violence or discrimination against them, often stemming from caste-based prejudice. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, defines and penalizes such acts.

Key Statistics

As per the 2011 Census of India, the Scheduled Caste population constitutes 16.6% of the total population.

Source: Census of India, 2011

According to the National Crime Records Bureau (NCRB) data (2022), there was a 9.1% increase in crimes against Scheduled Castes compared to 2021.

Source: NCRB, 2022 (as of knowledge cutoff)

Examples

Bhima Koregaon Incident (2018)

The NCSC investigated the violence that occurred at Bhima Koregaon in Maharashtra on January 1, 2018, where Dalits (a significant portion of SCs) were attacked during an event commemorating the 200th anniversary of the Battle of Koregaon. The Commission submitted a report to the government highlighting the lapses in security and the need for strict action against the perpetrators.

Frequently Asked Questions

▶What is the difference between the NCSC and the National Commission for Scheduled Tribes (NCST)?

While both commissions aim to protect the interests of marginalized communities, the NCSC focuses specifically on Scheduled Castes, while the NCST focuses on Scheduled Tribes. Both are established under Article 338 of the Constitution, but have separate mandates.