National Commission for Scheduled Castes (Article 338)
Indian Polity › Constitutional Bodies · Topic 25.6
The National Commission for Scheduled Castes under Article 338 is a constitutional body of a chairperson, vice-chairperson and three members that monitors safeguards for SCs, inquires into complaints and advises on their development.
5 min read · UPSC Prelims · Polity · Constitutional Bodies
At a Glance
- What it is Constitutional body monitoring safeguards for Scheduled Castes
- Article Article 338
- Members Chairperson, Vice-Chairperson and three other members
- Term Three years; not more than two terms
- Exam link UPSC Prelims, Polity: Constitutional Bodies
Where Does It Fit?
This is the sixth topic of the category on Constitutional Bodies. The National Commission for Scheduled Castes is a constitutional body, directly established by Article 338. Other national commissions, such as the National Commission for Women (1992), National Commission for Minorities (1993), National Human Rights Commission (1993) and National Commission for Protection of Child Rights (2007), are statutory bodies set up by Acts of Parliament.
Evolution
| Stage | Development |
|---|---|
| Original Constitution | Article 338 provided a Special Officer for SCs and STs, designated Commissioner for SCs and STs, to investigate all matters on constitutional safeguards and report to the President |
| 1978 | Government Resolution set up a non-statutory multi-member Commission for SCs and STs; the Commissioner’s office also continued |
| 1987 | Another Resolution modified its functions and renamed it National Commission for SCs and STs, a national-level advisory body |
| 65th Amendment Act, 1990 (in force 12 March 1992) | High-level multi-member National Commission for SCs and STs replaced the Special Officer and the Commission of 1987 |
| 89th Amendment Act, 2003 (in force 19 February 2004) | Combined commission bifurcated into the National Commission for SCs (Article 338) and for STs (Article 338A) |
The separate National Commission for Scheduled Castes came into existence in 2004.
Composition and Tenure
It consists of a chairperson, a vice-chairperson and three other members, appointed by the President by warrant under his hand and seal. Their conditions of service and tenure are determined by the President. Under the Rules made by the President (the National Commission for Scheduled Castes Chairperson, Vice-Chairperson and Members (Conditions of Service and Tenure) Rules, 2004), they hold office for three years and are not eligible for appointment for more than two terms.
Functions
- To investigate and monitor all matters relating to the constitutional and other legal safeguards for the SCs and evaluate their working.
- To inquire into specific complaints with respect to the deprivation of rights and safeguards of the SCs.
- To participate and advise on the planning process of socio-economic development of the SCs and evaluate the progress of their development under the Union or a state.
- To present to the President, annually and at other times, reports upon the working of those safeguards.
- To make recommendations on measures to be taken by the Union or a state for effective implementation of those safeguards and for the protection, welfare and socio-economic development of the SCs.
- To discharge other functions on the protection, welfare, development and advancement of the SCs as the President may specify.
The Commission also discharges similar functions in relation to the Anglo-Indian community, since clause 10 of Article 338 says references to the Scheduled Castes include references to the Anglo-Indian community. Till 2018 it also did so for other backward classes, but the 102nd Amendment Act of 2018 relieved it of this responsibility.
Reports
The Commission presents an annual report to the President and can submit a report whenever it thinks necessary. The President places all such reports before Parliament with a memorandum on the action taken and the reasons for non-acceptance of any recommendation. Any report pertaining to a state government is forwarded by the President to the state Governor, who places it before the state legislature with a similar memorandum.
Powers
The Commission has the power to regulate its own procedure. While investigating any matter or inquiring into any complaint, it has all the powers of a civil court trying a suit, in particular summoning and enforcing the attendance of any person from any part of India and examining him on oath, requiring the discovery and production of any document, receiving evidence on affidavits, requisitioning any public record from any court or office, issuing summons for the examination of witnesses and documents, and any other matter the President may determine. The Central and state governments must consult the Commission on all major policy matters affecting the SCs.
| Feature | Detail |
|---|---|
| Status | Constitutional (Article 338) |
| Came into existence as a separate body | 2004 |
| Reports to | President (state reports through the Governor) |
| Civil court powers | Yes, while investigating or inquiring |
| Other community covered | Anglo-Indian community |
| OBC role ended | 102nd Amendment Act, 2018 |
Why Is This Topic Important?
- Evolution steps Amendments 65th and 89th are standard questions
- Constitutional versus statutory Frequent distinction
- Link to Part XVI Safeguards for weaker sections
What Came Next?
The next topic covers the National Commission for Scheduled Tribes under Article 338A.
Key People and Terms
- Article 338 Commission for SCs
- 65th Amendment Created the combined commission
- 89th Amendment Bifurcated the commission
- Civil court powers Summoning, documents, evidence
- Anglo-Indian community Covered by the SC provisions
Exam Corner
Points to Remember
- Article 338; separate since 2004.
- Chair, vice-chair and three members.
- Term three years, max two terms.
- 65th then 89th Amendment.
- OBC role removed by 102nd Amendment.
Do Not Confuse With
- NCSC and NCST Article 338 versus 338A
- Constitutional and statutory commissions NCSC versus NCW, NCM, NHRC
- 65th and 89th Amendments Created versus split
Memory Hook
One officer, then one commission in 1990, two commissions in 2004: Articles 338 and 338A.
Mains Angle
Questions on this topic usually ask about the role of the commission in protecting SCs. Use these points to add depth.
- Evolution Special Officer to commission
- Civil court powers Investigative authority
- Policy consultation Mandatory for major matters
- Reports to legislature Accountability
A Question You May Face
An original practice question, not a past paper question.
“Trace the evolution of the National Commission for Scheduled Castes and discuss its functions.”
How to Answer
- Introduction Article 338.
- Evolution Special Officer to separate commission.
- Functions and powers Six functions.
- Conclusion Effectiveness.
GS Relevance
Frequently Asked Questions
Which Article establishes the National Commission for Scheduled Castes?
Article 338 of the Constitution directly establishes the National Commission for Scheduled Castes, making it a constitutional body, in contrast to commissions such as the National Commission for Women which are statutory and set up by Acts.
How was the NCSC created in its present form?
The 65th Amendment Act of 1990 created a combined National Commission for SCs and STs replacing the Special Officer, and the 89th Amendment Act of 2003 bifurcated it, giving a separate SC commission from 2004.
What is the composition and tenure of the NCSC?
It has a chairperson, a vice-chairperson and three other members appointed by the President. Under the 2004 Rules they hold office for three years and are not eligible for appointment for more than two terms.
What powers does the NCSC have?
The Commission regulates its own procedure and, while investigating any matter or inquiring into any complaint, has all the powers of a civil court trying a suit, including summoning persons, requiring production of documents, receiving evidence on affidavits and requisitioning public records from any court or office.
Does the NCSC cover any community besides Scheduled Castes?
Yes. By clause 10 of Article 338, references to the Scheduled Castes include the Anglo-Indian community, so the Commission discharges similar functions for it. Till 2018 it also did so for other backward classes, until the 102nd Amendment Act relieved it of this responsibility.
PYQ Practice — Statement Analysis
1 The NCSC is a statutory body.
Constitutional under Article 338.
2 The separate NCSC came into existence in 2004.
After the 89th Amendment.
3 NCSC members hold office for five years.
Three years.
4 The 65th Amendment created separate commissions for SCs and STs.
The 89th did.
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