The National Commission for Scheduled Castes (NCSC) is a constitutionally established body aimed at safeguarding the Scheduled Castes of India from exploitation. The commission’s role extends to promoting and protecting their social, educational, economic, and cultural interests. Lately, the NCSC came into light for issuing a notice to food-delivery giant Zomato about an advertisement that was deemed inhuman and casteist.
Genesis and Evolution of NCSC
Originally, a Special Officer was appointed under Article 338 of the Constitution, named Commissioner for Scheduled Castes and Scheduled Tribes. However, the 65th Amendment Act of 1990 altered Article 338 and replaced the single official with a multi-member National Commission for Scheduled Castes (SC) and Scheduled Tribes (ST). Eventually, the 89th Amendment Act of 2003 led to the formation of two distinct Commissions from 2004 – the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST).
Composition of NCSC
NCSC consists of a Chairperson, Vice-Chairperson, and three additional members. These roles are filled by appointees of the President, authenticated by an official warrant. The terms of service and tenure are also determined by the President.
Mandate of NCSC
The primary responsibilities of the NCSC include investigating, monitoring, and evaluating the effectiveness of constitutional and other legal protections for SCs. It also inquires into specific complaints concerning the infringement of the rights and safeguards of the SCs, advises on socioeconomic planning, annual reporting to the President, and suggesting measures for effective implementation of safeguards and other steps for the SCs’ welfare and development. Until 2018, it also handled matters regarding other backward classes (OBCs) but relieved from these duties by the 102nd Amendment Act, 2018.
Constitutional Provisions for Scheduled Castes
Several constitutional articles, including Article 15, Article 17, Article 46, Article 243D(4), Article 243T(4), Article 330 and Article 332, address the issue of discrimination and upliftment of SCs. These pursue to end untouchability, promote equality, dignity, educational and economic interests of SCs, reserve seats in Panchayats, Municipalities, Lok Sabha, and legislative assemblies in proportion with their population.
Debate on Inclusion of Dalits who Converted to Islam or Christianity in SCs
In the 2014 UPSC Civil Services Examination, a question asked about the RGI declaration from 2001 stating that Dalits who converted to Islam or Christianity cannot be included in SCs list as they belong to different caste groups. This was due to Clause (2) of Article 341 requiring a single ethnic group for inclusion.
NCSC Enforcement of Constitutional Reservation for SCs in Religious Minority Institutions
Another matter of discussion in the 2018 UPSC examination was whether the NCSC can enforce the implementation of constitutional reservation for the Scheduled Castes in religious minority institutions. This area continues to be a primary focus in understanding the role and authority of the NCSC.
This article has referred to sources from TH.
