Article 366 of the Indian Constitution defines ‘Scheduled Castes‘ as those castes, races, tribes, or parts of all groups within such caste, race, or tribes as mentioned under Article 341(1) of the Constitution.
Article 338 of the Indian Constitution deals with National Commission for Scheduled Castes. National Commission for Scheduled Castes is a constitutional body. It safeguards the interest of the Scheduled Castes in India. The commission is committed to the full implementation of various acts like the Scheduled Castes and Scheduled Tribes (POA) Act, 1989, PCR Act, 1955, etc. It also offers protection to the Scheduled Castes community from exploitation and discrimination and provides facilities to uplift the community.
National Commission for Scheduled Castes
Evolution of the National Commission for Scheduled Castes:
In order to implement the safeguards properly which are provided for Scheduled Castes and Scheduled Tribes in the Constitution, a special officer was appointed under Article 338 of the Indian Constitution. The special officer is designated as a Commissioner for Scheduled Castes and Scheduled Tribes and was assigned the responsibility to look into all the matters relating to the safeguards for the Scheduled Castes and Scheduled Tribes. He is also empowered to report about it to the President.
Later on, members of the Parliament made a demand to amend Article 338 of the Constitution. According to them, the special officer was not enough to look after the implementation of the safeguards for the Scheduled Castes and Scheduled Tribes. As a result, the one-member system was replaced with a multi-member system. Therefore, in 1978 the first Commission for the Scheduled Castes and Scheduled Tribes was set up. After the passing up of the 65th Amendment Bill in 1990, constitutional recognition was provided to the National Commission for Scheduled Castes and Scheduled Tribes, and the first Commissioner for Scheduled Castes and Scheduled Tribes was abolished. With the 89th Constitutional Amendment Act 2003, the National Commission for Scheduled Castes and Scheduled Tribes was bifurcated into National Commission for Scheduled Castes and National Commission for Scheduled Tribes. In 2004, under the chairmanship of Suraj Bhan, the first National Commission for Scheduled Castes was formed.
Six National Commissions for Scheduled Castes:
Between 2004 to 2021, around 6 National Commissions for Scheduled Castes were constituted namely,
1) The first National Commission for Scheduled Castes- 24th February 2004
2) The second National Commission for Scheduled Castes- 25th May 2007
3) The third National Commission for Scheduled Castes- 15th October 2010
4) The fourth National Commission for Scheduled Castes- 22nd October 2013
5) The fifth National Commission for Scheduled Castes- 1st June 2017
6) The sixth National Commission for Scheduled Castes- 24th February 2021
Composition of the National Commission for Scheduled Castes:
It consists of a chairman, vice-chairman, and three other members appointed by the President by warrant under his hand and seal. Among the three members, one member shall be appointed from amongst women. The status of the chairman is that of a cabinet minister and the vice-chairman holds the rank of a minister of State.
Powers of the National Commission for Scheduled Castes:
It has the power to regulate its own procedure for the purpose of investigation and enquiry the commission has the power of the Civil Court and has the authority to do the following:
1) It can examine a person on oath.
2) In order to examine witnesses and documents, it can issue Commissions.
3) It can receive evidence on affidavits.
4) It can discover and produce any documents.
5) It can summon and enforce the attendance of any person and examine on oath.
Functions of the National Commission for Scheduled Castes:
Under Article 338(5) of the Constitution, the following functions of the National Commission for Scheduled Castes have been enumerated:
- To monitor and investigate all the matters which are related to the safeguards of the Scheduled Castes and to evaluate the working of such safeguards. These safeguards can be provided either in the Constitution of India or under any law or under any order of the Government.
- To present reports to the President annually or at other times as and when needed regarding the working of those safeguards.
- To make recommendations in the above-mentioned reports regarding the effective implementation of the safeguards and the protection, welfare, and socio-economic development of the Scheduled Castes.
- It can examine any person on oath and can summon and enforce the attendance of any person belonging to any part of India.
- To evaluate, participate, and advise on the planning process and progress of the socio-economic development of the Scheduled Castes under the Union or any State.
- To fulfill the functions related to the protection, welfare, development, and advancement of the Scheduled Castes as deemed fit by the President or any law.
- To look into the specific complaints related to the deprivation of rights and safeguards of the Scheduled Castes.
Note:
It is important to mention that the National Commission for Scheduled Castes has been successful in achieving the socio-economic development of the Scheduled Castes to a reasonable extent. However, the constitutional body is working in cooperation with different organs of the government to fulfill the purpose behind its establishment.