National Commissions for Scheduled Castes, Scheduled Tribes, and Other Backward Classes
Understanding the constitutional and statutory bodies that safeguard the rights and interests of marginalized communities is crucial for mastering UPSC Polity and Constitution. This module delves into the National Commission for Scheduled Castes (NCSC), the National Commission for Scheduled Tribes (NCST), and the National Commission for Backward Classes (NCBC).
Constitutional Mandate and Evolution
These commissions were established to address the historical injustices and systemic discrimination faced by Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). Their mandates are rooted in the Indian Constitution, ensuring representation, protection of rights, and promotion of socio-economic development for these communities.
The NCSC and NCST are constitutional bodies, while the NCBC was initially statutory but is now a constitutional body.
The National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST) were established under Articles 338 and 338A respectively. The National Commission for Backward Classes (NCBC) was initially established by an Act of Parliament in 1993, but the 102nd Constitutional Amendment Act, 2018, conferred constitutional status upon it.
Article 338 of the Constitution provides for the National Commission for Scheduled Castes. Article 338A provides for the National Commission for Scheduled Tribes. The National Commission for Backward Classes Act, 1993, established the NCBC as a statutory body. However, the Constitution (102nd Amendment) Act, 2018, inserted Article 338B, which deals with the powers, functions, and composition of the National Commission for Backward Classes, thereby elevating it to a constitutional status. This amendment also amended Article 342A to include provisions related to the identification of socially and educationally backward classes.
Functions and Powers
All three commissions share similar broad functions, including investigating and monitoring matters relating to the constitutional and other legal safeguards for their respective communities, inquiring into specific complaints, and advising the government on policy matters. They also have powers akin to a civil court for summoning witnesses and examining documents.
| Feature | National Commission for SCs (NCSC) | National Commission for STs (NCST) | National Commission for OBCs (NCBC) |
|---|---|---|---|
| Constitutional Article | Article 338 | Article 338A | Article 338B |
| Establishment | Constitutional Body | Constitutional Body | Constitutional Body (amended in 2018) |
| Primary Focus | Scheduled Castes | Scheduled Tribes | Other Backward Classes |
| Key Functions | Investigate safeguards, inquire into complaints, advise govt. | Investigate safeguards, inquire into complaints, advise govt. | Investigate safeguards, inquire into complaints, advise govt. |
| Powers | Civil Court powers | Civil Court powers | Civil Court powers |
The 102nd Constitutional Amendment Act, 2018.
Key Differences and Nuances
While their core functions are similar, the specific issues and challenges faced by SCs, STs, and OBCs differ, leading to nuanced approaches in their recommendations and advocacy. The NCBC's role, in particular, involves identifying and recommending OBCs for inclusion in lists of backward classes, a function distinct from the NCSC and NCST.
Remember that the NCSC and NCST were originally established under Article 338, but the 89th Amendment Act, 2003, bifurcated it into two separate commissions: NCSC (Article 338) and NCST (Article 338A).
The structure of these commissions involves a Chairperson, Vice-Chairperson, and three other members. The President appoints these members, who hold office for a term of three years. The commissions submit annual reports to the President, who then causes these reports to be laid before each House of Parliament, along with a memorandum explaining the action taken on the recommendations made.
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Three years.
Significance for Competitive Exams
For UPSC aspirants, understanding the constitutional basis, powers, functions, and recent amendments related to these commissions is vital. Questions often revolve around their establishment, composition, reporting mechanisms, and specific powers. Familiarity with their annual reports can also provide insights into contemporary issues and government policies.
Learning Resources
The official portal for the NCSC, providing access to its mandate, functions, reports, and press releases.
The official website of the NCST, offering comprehensive information on its activities, constitutional provisions, and annual reports.
The official website for the NCBC, detailing its role, powers, and recent constitutional status.
Direct access to the constitutional article establishing and defining the NCSC.
Direct access to the constitutional article establishing and defining the NCST.
Direct access to the constitutional article establishing and defining the NCBC.
Detailed notes and analysis on the National Commissions, tailored for UPSC preparation.
An explanation of the 102nd Constitutional Amendment Act and its impact on the NCBC.
A concise overview of the National Commissions, focusing on their roles and relevance for competitive exams.
The official gazette notification of the 102nd Constitutional Amendment Act, 2018, which deals with the NCBC.