The National Commission for Scheduled Castes is an institution established under Article-338 of the Constitution. Its role is to protect the social, economic, educational, and cultural rights of individuals belonging to Scheduled Castes (SC).

Evolution of the National Commission for Scheduled Castes

• Special Officer for SCs and STsOriginally, Article-338 of the Constitution mandated the appointment of a Special Officer for Scheduled Castes (SC) and Scheduled Tribes (ST) to guarantee the effective enforcement of the protections afforded to SCs and STs by the Constitution.
• 65th Constitutional Amendment Act, 1990: This Act provided for the establishment of a multi-member Commission for SCs and STs to replace the Special Officer. The National Commission for SCs and STs was established on March 12, 1992.
• 89th Constitutional Amendment Act, 2003: This legislation bifurcated National Commission for SCs and STs into two separate bodies namely, National Commission for Scheduled Castes (Article-338) and National Commission for Scheduled Tribes [Article-338(A)].

A separate National Commission for SCs came into existence on 19th February 2004 with Shri Suraj Bhan as its chairperson.

Appointment and Composition of the National Commission for Scheduled Castes

The composition of the National Commission for Scheduled Castes includes: 

• A chairperson, 
• A vice-chairperson, and 
• Three additional members.

The President appoints the chairperson and other members of the Commission. The Constitution specifies that the President will determine their service conditions, tenure, salaries, allowances, and related matters.

Powers and Functions of the National Commission for Scheduled Castes

For enabling the socio-economic development of SCs and promoting their interests, following functions are mentioned under Article-338 of the Constitution to be performed by NCSC:

• Inquiry and investigation:

• • The Commission’s responsibility includes investigating and overseeing all issues related to the constitutional and legal protections for SCs and assessing how well they are implemented.
  • The Commission inquires into specific complaints with respect to the deprivation or violation of rights of Scheduled castes.
  • In cases of incidents against any individual from SCs, the Commission quickly connects with law enforcement and administrative bodies. 
• Advisory function:
  • The Union government and every state government should consult the Commission on all major policy matters affecting Scheduled Castes.
  • The Commission also plays a role in advising and participating in the development of socio-economic policies that impact Scheduled Castes and reviews the progress of their implementation.
• Monitoring function:
  • The Commission from time to time determines the subjects or matters that it will monitor related to safeguards and other socio-economic development measures provided for Scheduled Castes.
  • To ensure effective monitoring, the Commission can request an action taken report and propose corrective measures in situations where deficiencies are identified. 
  • One significant monitoring activity conducted by the Commission is to instruct the establishment of special courts for the expedited trial of offenses under the Atrocities Act.
• Quasi-judicial function:

 According to the Constitution, the NCSC possesses the authority to determine its own procedural rules. Thus, while looking into a case, the Commission has all the rights of a civil court in the following ways: 

• It can summon and compel the appearance of any individual from anywhere in India. 
• The Commission can request any evidence, documents, and public records from courts or offices. 

• Other functions: The Commission is charged with carrying out any other functions as designated by the President.

Annual Reporting Process of the National Commission for Scheduled Castes

As stipulated by the Constitution, the Commission must deliver an annual report to the President, who may present it to Parliament alongside a memorandum that outlines the actions taken and explanations for any recommendations that were not accepted.

Challenges Hindering the Effectiveness of the National Commission for Scheduled Castes

• Conditions of services: The Constitution and the NCSC Rules of Procedure, 2009, do not provide a clear process or prerequisites for the appointment of the Chairman and members of NCSC, granting exclusive power to the Executive to oversee member appointments.

• Non-binding recommendations: Although NCSC has substantial powers for investigation and recommendation, the non-binding nature of its recommendations undermines its credibility as a guardian of the interests of Scheduled Castes.
• Irregularities in meetings: According to the NCSC Rules of Procedure, 2009, the Commission is supposed to convene at least once a month; however, it has been experiencing irregularities in conducting its meetings. Official records indicate that the last meeting occurred in 2019.
• Delay in reports submission: Official data from NCSC shows that the most recent annual report presented in Parliament was in 2020, which contradicts the regulation requiring the Commission to submit an annual report to the President for presentation in Parliament.

Proposed Reforms to Strengthen the National Commission for Scheduled Castes

In its Annual Report 2017-18, the Commission proposed several reforms aimed at enhancing the effectiveness of the NCSC:

• The Commission suggested expanding its authority to impose financial penalties on officials who violate the Prevention of Atrocities Act.
• The Commission asked for autonomy in functioning and budget related matters.
• To address administrative shortcomings, the Commission requested to increase the staff strength and opening of new offices.

Conclusion

The National Commission for Scheduled Castes has been constituted to achieve the ideals of Equality, Justice and dignity of an individual enshrined in the Preamble. Hence, the Commission should perform internal evaluation and ensure regularity in its functioning to prevent the atrocities against Dalits and work for their overall development.