NATIONAL COMMISSION FOR SCHEDULED CASTES (NCSC)

• Constitutional body established under Article 338.
• Created originally as a combined SC/ST Commission; bifurcated by the 89th Constitutional Amendment Act, 2003 into:
  – National Commission for Scheduled Castes (Article 338)
  – National Commission for Scheduled Tribes (Article 338-A)
• Separate NCSC formally came into existence in 2004.
• One of the strongest constitutional watchdogs for protection of SC rights.

COMPOSITION
• Chairperson
• Vice-Chairperson
• Three other Members
• Appointed by the President of India.
• Conditions of service and tenure decided by the President.
• Presents annual report to the President (laid before Parliament).

FUNCTIONS (EXPANDED FOR OPSC)
• Monitor and investigate all safeguards under the Constitution and law for SCs.
• Inquire into specific complaints of deprivation of rights and atrocities.
• Advise Union and State Governments on major policy matters affecting SCs.
• Participate in socio‑economic planning process for SC upliftment.
• Submit reports and recommend effective measures for implementation of safeguards.
• Evaluate development programmes such as scholarships, reservations, SC sub-plans.
• Oversee implementation of Protection of Civil Rights Act and SC/ST (PoA) Act.
• Functioned for Anglo-Indian community welfare also.
• Earlier handled OBC matters until removed by 102nd Constitutional Amendment 2018.

POWERS
• Civil court powers while investigating:
  – Summoning witnesses, examining on oath.
  – Requiring document discovery/production.
  – Receiving evidence on affidavits.
  – Requisitioning public records from courts/offices.
  – Issuing summons for examination of witnesses.
• Can regulate its own procedure.
• Central and State Governments are constitutionally obligated to consult NCSC on major SC-related matters.

----------------------------------------------

NATIONAL COMMISSION FOR SCHEDULED TRIBES (NCST)

• Constitutional body established under Article 338-A.
• Came into existence in 2004 after the split of the earlier combined commission.
• Works exclusively for protection and advancement of Scheduled Tribes.

COMPOSITION
• Chairperson
• Vice-Chairperson
• Three Members
• Appointed by the President.
• Tenure and conditions decided by the President.
• Ministry of Tribal Affairs created separately in 1999 to strengthen ST administration.
• Presents annual report to the President.

FUNCTIONS (EXPANDED)
• Investigate and monitor all safeguards for STs under Constitution/law.
• Inquire into specific complaints relating to deprivation of ST rights.
• Advise Union and States in planning socio-economic development of STs.
• Assess working of ST-related laws and welfare schemes.
• Review implementation of Forest Rights Act, PESA Act, ST Sub-Plan, tribal displacement issues.
• Recommend measures for protection from exploitation, land alienation, bonded labour.
• Study tribal customs, culture, traditional rights to ensure protection within law.
• Promote and monitor functioning of Tribal Advisory Councils in 5th Schedule Areas.

POWERS OF NCST
• Same civil court powers as NCSC:
  – Summon witnesses, documents.
  – Administer oaths; receive affidavits.
  – Requisition public records.
  – Conduct inquiries with full judicial authority for fact-finding.
• Can regulate its own working procedure.

DIFFERENCE BETWEEN NCSC & NCST 
• NCSC deals with SC safeguards; NCST deals with tribal safeguards.
• NCST also ensures governance of 5th Schedule areas and tribal councils.
• NCSC deals more with caste-based discrimination; NCST deals with land alienation, displacement, forest rights.
• Both have similar powers but operate under different constitutional articles.

SIGNIFICANCE
• Ensure social justice and constitutional protection to vulnerable communities.
• Strengthen democratic accountability.
• Prevent exploitation and ensure representation in government services and legislatures.
• Act as watchdog bodies ensuring the State fulfils its constitutional duty under Articles 15, 17, 46, 330, 332, 335.

LIMITATIONS 
• Recommendations are advisory, not binding on governments.
• Shortage of manpower and investigation officers.
• Many cases of atrocities remain pending due to limited enforcement power.
• Requires stronger coordination with state governments.
 

---

PDF File:

No PDF attached

---

Subject: Polity

← Back