National Commission

UNIT 9 NATIONAL COMMISSION FOR for Scheduled Castes,

National Commission
SCHEDULED CASTES, NATIONAL for Scheduled Tribes

COMMISSION FOR SCHEDULED TRIBES

Structure
9.0 Objectives
9.1 Introduction
9.2 Constitutional Safeguards
9.3 National Commission for Scheduled Castes
9.3.1 Duties of the Commission
9.3.2 Complaints Received by NCSC from across India
9.3.3 Functions of State Offices of the Commission

9.3.4 Approach and Strategy adopted by the Commission

9.4 National Commission for Scheduled Tribes
9.4.1 Duties of the Commission
9.4.2 Powers of the Commission
9.4.3 Complaints Received by NCST
9.4.4 Regional Offices
9.5 Conclusion
9.6 References

9.0 OBJECTIVES
After studying this Unit, you should be able to:
 describe the constitutional safeguards meant for Scheduled Castes and
Scheduled Tribes;
 explain the role of National Commission for Scheduled Castes in protecting
and promoting the welfare of Scheduled Castes; and
 describe the role of National Commission for Scheduled Tribes in protecting
and promoting the interests of Scheduled Tribes.

9.1 INTRODUCTION
The founding fathers of the Indian Constitution took cognisance of the fact that
certain sections of the population were found to be in extreme backwardness
vis-à-vis social, educational, and economic, that they felt essential to protect and
promote their fundamental interests on par with rest of the populace. The
founding fathers attributed some of the reasons for such backwardness, such as,
untouchability practices, poor agricultural practices, lack of access to resources
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Roles of Various etc. As a result, their social mobility got restricted and it affected their
Institutions
development both socially and economically. With the aim to boost their morale
and enable them to access resources equally without any hassles, these
communities became notified as Scheduled Castes (SCs) and Scheduled Tribes
(STs) under the Clause 1 of Articles 341 and 342 of the Constitution respectively.
Ever since 1950, the Scheduled Castes and Scheduled Tribes Commission had
been operational, as constitutional bodies (Article 338). Though started to
function, as a single Special Officer, currently the Commission functions, as a
multi-member authority. This was owing to the intensity of the complexities
faced by the target audience that called for the need of a strong, representative,
and an effective body. Due to the political pressure put forth by the Members of
Parliament that a single Commission is inadequate to monitor the constitutional
safeguards of SCs and STs, the Constitution (Eighty-Ninth Amendment) Act,
2003, came to replace the Scheduled Castes and Scheduled Tribes Commission
as:
i) National Commission for Scheduled Castes (NCSC)
ii) National Commission for Scheduled Tribes (NCST)
It is to be noted that it is the duty of the welfare state to protect the underserved
communities from injustice and exploitation. In a welfare state, every
institution/authority is expected to promote the welfare of the underserved
communities and it is not just vested exclusively to National Commission for
Scheduled Caste (NCSC) and National Commission for Scheduled Tribes
(NCST). Although, the two Commissions enjoy constitutional backing, its
recommendations are not mandatory rather only advisory.
In this Unit, you will study the constitutional bodies – National Commission for
Scheduled Castes (NCSC) and National Commission for Scheduled Tribes
(NCST) that caters to the protection of the target audience. Before discussing the
two Commissions, let us understand some of the constitutional safeguards that
are available for the SCs and STs.

9.2 CONSTITUTIONAL SAFEGUARDS

The constitutional safeguards can be classified as: (i) Development and
Protective Safeguards (ii) Social Safeguards (iii) Economic Safeguards (iv)
Educational and Cultural Safeguards (v) Political Safeguards (vi) Service
Safeguards. The above mentioned safeguards are applicable to all the people,
especially, to the SCs and STs (Handbook, 2016).
i) Development and Protective Safeguards
These safeguards could be found in the Directive Principles of State Policy.
Specifically, Article 46 intends to:
a) improve the educational and economic interests of SCs and STs
(development safeguards)

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 b) protect the target audience from social injustice and all forms of National Commission
for Scheduled Castes,
exploitation (protective safeguards) National Commission
for Scheduled Tribes
ii) Social Safeguards
Article 17: With the objective to protect their social mobility and eradicate
the untouchability menace, Article 17 was inserted. To give effect to this
Article and to punish the miscreants, Protection of Civil Rights (PCR) Act
was enacted.
Article 23 prohibits human trafficking, beggary, and other similar forms of
forced labour. As majority of bonded labourers belong to SCs, it has
significance to this community.
Article 24 states that no child below 14 years shall work in any factory or
mine, that is, hazardous to his/her life. This is relevant in the context of SCs,
as a considerable section of child labourers belong to these categories.
Article 25(2) (b) indicates that all Hindu religious institution would be made
accessible to all classes and sections of the population. This law states that all
persons irrespective of caste have the right to enter religious places.
iii) Economic Safeguards
Economic safeguards intend to protect the target audience from economic
aggression and dominance. It also provides them freedom to pursue their
interests without any coercive action. In this regard, Articles 23, 24, and 46
mentioned above form part of the economic safeguards for Scheduled Castes.
iv) Educational and Cultural Safeguards
Article 15(4) empowers the State to initiate progressive measures for the
welfare of the socially and educationally backward sections, inclusive of SCs
and STs. For example, reservation of seats made possible in technical
institutions, and engineering, and medical colleges for the targeted audience.
v) Political Safeguards
According to the Article 330, Lok Sabha seats are to be reserved for SCs and
STs and Article 332 indicate reservation of SC, ST seats in the State
Legislative Assemblies.
vi) Service Safeguards
Under various sections of Article 16, the State has the right to reserve
positions for the targeted audience and also promotion for the eligible groups.
Now we will discuss the role of the National Commission for Scheduled Castes
in enabling the constitutional safeguards meted out to SCs.

9.3 NATIONAL COMMISSION FOR SCHEDULED

CASTES
The National Commission for Scheduled Castes (NCSC) has been created for
effective implementation of various safeguards provided in the Constitution for
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Roles of Various the welfare of Scheduled Castes. In fact, Article 338 mandates the Commission
Institutions
to investigate and monitor all matters related to social inequalities. When it
comes to institutional orientation of NCSC, it is undoubtedly a protective
institution. As it can be dealt with Article 46 that State must seek to promote the
educational and economic interests of the weaker sections of the society vis-à-vis
Schedule Castes. In this process, the State shall protect the target audience from
all forms of social injustice and exploitation.
Based on the provisions made by law, the NCSC comprises of Chairperson,
Vice-Chairperson, and three other Members. Besides making appointment, the
conditions of service and tenure of office of the Commission are determined by
the President. The first National Commission was established in the year 2004.
The headquarters of NCSC is in Delhi. The Secretary to the Government of India
is the Administrative Head and is assisted by officers at the level of Joint
Secretary, Directors, and Deputy Secretaries. NCSC is located across 12 State
Offices.
The State Offices are headed by the officers of the rank of the Chairperson, who
has special knowledge in matter relating to the Scheduled Castes, shall be
nominated by the State Government; (b) the Vice Chairperson who has special
knowledge in matter relating to the Scheduled Castes, shall be nominated by the
State Government; (c) three persons, who have special knowledge in matters
relating to the Scheduled Castes, shall be nominated by the St ate Government.
The term of office and conditions of service of the Chairperson, Vice
Chairperson, and Members shall be subject to the pleasure of the State
Government, shall hold office for a term not exceeding three years, as may be
specified by the State Government. The fixed amount and allowances payable to
and the other terms and conditions of service of the Chairman, Vice Chairman
and allowance payable to the Members shall be such, as may be prescribed.
12.3.1 Duties of the Commission
Article 338 of the Constitution deals with the functions, duties, and power of the
Commission. For example, Clause 4 of Article 338 empowers the Commission to
regulate its own procedure. The duties of the Commission are to:
i) to investigate and monitor all matters related to the safeguards in the
Constitution for the SCs or under any government order to evaluate the
workings of such safeguards.
ii) to inquire into specific complaints with regard to deprivation of rights and
safeguards of the SCs.
iii) To advice the government in the planning process of socio-economic
development of the SCs and to evaluate the progress of their development
under the Union and in any State.
iv) To annually present the report on working of the safeguards to the President.
v) To make recommendations to the Union or any State for effective
implementation of the safeguards, and other measures for the welfare and
socio-economic development of the SCs.
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Power to Act as a Civil Court National Commission
for Scheduled Castes,
The Commission has the power of a civil court in matters pertaining to SC National Commission
for Scheduled Tribes
welfare. It can use its power in summoning and enforcing the attendance of any
person from any part of India and examining him on oath. Yet another power is
to request any public record or copy from any court or office.
Consultation
The Union and every State Government consults the Commission on all major
policy matters relating to Scheduled Castes.
Review Meetings
In 2016-17, NCSC reviewed the follow-up action been taken by the Public Sector
Undertakings and Public Sector Banks. The reviews were to assess the
implementation of reservation policy for SCs.
9.3.2 Complaints Received by NCSC from across India
NCSC has dedicated Wings vis-à-vis Service Safeguard Wing, Economic and
Social Development Wing, and Atrocities and Protection of Civil Rights Wing, that
caters to different types of cases. To illustrate, in 2016, a total number of 38,669
cases were dealt with 13,540 cases at the headquarters and 25,129 cases at the
state offices (Annual Report, 2016, NCSC). The grievances/complaints received
by NCSC, both at the headquarters and in state offices can be broadly classified
into three categories:
i) Complaints related to Service Safeguards are dealt by the Service Safeguards
Wing.
ii) Complaints related to economic-social development are handled by the
Economic and Social Development Wing.
iii) Complaints related to atrocities are dealt by Atrocities and Protection of Civil
Rights Wing. Atrocity related matters include harassment, land conflict,
temple entry/social boycott etc.
Box 9.3.1 refers to few examples of complaints dealt by NCSC.

Box 9.3.1 Case Examples regarding Complaints

Case Example 1: Harassment and Discrimination Matters
A male Higher Secondary School Teacher in Chennai submitted a representation alleging
harassment and discrimination from Headmaster in-charge. Post intervention by the
Commission the Headmaster in-charge was transferred from the school.
Case Example 2: Atrocity related Matters
A villager (petitioner) from Chapoli (Maharashtra) filed a complaint against police who made
a false case of looting and firing against him. In fact, the police filed a charge sheet in the
court against the petitioner and 4 others. Owing to NCSC intervention and with the approval
of the court, the case was reinvestigated. In the process, it was found that the villager
(petitioner) did not commit any crime and it was proved that the police had constructed a
false case against the petitioner and others.
Source: Annual Report 2016-17, NCSC 117
Roles of Various 9.3.3Functions of State Offices of the Commission
Institutions
i) The state offices of NCSC serves as the ‘eyes’ and ‘ears’ of the Commission
as they act as a watchdog in the formulation of policies and in issuance of
guidelines. Besides, they periodically update the NCSC headquarters about
the development status. The policies evolved by the respective state
governments are brought to the notification of the state offices in case of any
changes to be added. Further, to assess the various development schemes
meant for SCs, the state officers are expected to network with the State/Union
Territory administration. Based on the findings of the assessment, appropriate
measures can be taken to ameliorate the socio-economic development of the
target audience.
ii) Secondly, the state officers of the Commission need to frequently
communicate with the state administrators and accordingly guide them be it
monitoring the funds earmarked and utilised for SCs as well as protecting and
promoting their socio-economic interests.
iii) Thirdly, each State Office compiles a quarterly report regarding the activities
undertaken by them for the welfare of SCs in that respective state/union
territory and reports to NCSC. This is done to provide a general view about
the welfare status of SCs to NCSC and take appropriate action (National
Commission for Scheduled Caste Website).

Box 9.3.2 Suo Moto case

NCSC State Office: Bengaluru
In 2016, the NCSC State Office of Bengaluru, took a suomoto 1 cognisance of the
news that reported the Scheduled Caste people of Hassan district were not
allowed to enter the Hindu temple. During a Mahotsava in Basaveswara temple,
they were boycotted and the State Office members made a spot visit to the
temple. After discussing the issue with the administration the SCs were permitted
to enter the temple for worship.
Source: Annual Report (2016-17), NCSC

9.3.4Approach and Strategy adopted by the Commission

To monitor and evaluate the outcome of development schemes, NCSC has
decided to frequently interact with the State/Union Territory governments
through state level review meetings and field visits. State level review meetings
are held with Chief Secretaries and senior officers to get a perspective about the
ongoing development schemes and to chalk out appropriate strategies.

1 With reference to an action taken by a court, without any request by the parties involved.

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Future Strategy National Commission
for Scheduled Castes,
i) NCSC intends to undertake research activities with reference to SC rights and National Commission
for Scheduled Tribes
deprivation of such rights. By way of such studies, NCSC plans to spread
awareness programmes on the issues and challenges faced by SCs.
ii) (ii) NCSC plans to coordinate with NGOs and other stakeholders to promote
activities related to social justice and empowerment.
After the discussion on NCSC, we will now discuss the National Commission for
Scheduled Tribes (NCST).

9.4 NATIONAL COMMISSION FOR SCHEDULED

TRIBES
With the Constitution (89th Amendment) Act, 2003, under the Article 338A, the
National Commission for Scheduled Tribes (NCST) was established in the year
2004. As per the Article, it is the duty of the Commission to oversee the effective
implementation of the safeguards available for the Scheduled Tribes (STs). As
NCSC, is for SCs, the role of NCST is to protect and promote the socio-
economic development of STs. Besides, NCST presents the annual report to the
President that documents the ST socio-economic status across the country.
Like NCSC, the NCST comprises of a Chairperson, Vice-Chairperson and three
other members. The term of office of the Commission is for three years from the
date of assuming charge. The Chairperson and the Vice-Chairperson holds the
rank of Cabinet Minister and Minister of State respectively. Other three members
hold the rank of a Secretary to the Government of India. In 2004, the first
National Commission for Scheduled Tribes (NCST) was constituted. The
Ministry of Tribal Affairs is the nodal Ministry for NCST. The conditions of
service and tenure of office of the NCST are notified by the Ministry. The
headquarters of NCST comprises of Regional Offices located in six states.
Besides, the headquarters include six units: Administration, Coordination, and 4
Research Units.
9.4.1 Duties of the Commission
The duties of the Commission are mentioned, as follows:
i) Investigate and monitor all matters related to the safeguards that are provided
for the STs under the constitution or any law or government order or policy.
The function of NCST is to evaluate the way the safeguards are put to
operation.
ii) Inquire into specific complaints concerning deprivation of rights and
safeguards of the STs.
iii) Take part and counsel the government in the planning process of socio-
economic development of the STs and to evaluate the progress of their
development under the Union and any State.
iv) Annually present the report on functioning of the safeguards before the
President. 119
Roles of Various v) Make recommendations to the Union or any State for effective
Institutions
implementation of the safeguards, and other measures for the welfare and
socio-economic development of the STs.
vi) Discharge those functions as may be specified by the President, or any law or
rule. The functions include the policies and programmes that cater to the
protection, welfare, development, and advancement of STs.
9.4.2 Powers of the Commission
The powers of the Commission are given, as follows:
Procedural Autonomy
It is the power to regulate its own procedures without interference of any external
entity.
Clause (4) of Article 338A of the Constitution empowers the Commission to
regulate its own procedure. The procedural autonomy include:
i) procedure of investigation and enquiry into the working of the safeguards;
ii) frequency of meetings to be conducted;
iii) delineate the duties of the Commission’s Regional Office;
iv) advisory role of the Commission in the policies of the Union and State/Union
Territory that are connected to ST welfare; and
v) monitoring of functions of the Commission and its Regional Offices.
Powers to act as a Civil Court
While investigating any matter related to the deprivation of safeguards or rights,
the Commission shall enquire into any complaint and if needed can assume the
powers of a civil court. Even the Supreme Court has declared that whether NCSC
or NCST, it has the power of a civil court to investigate into the matters related to
SC/ST, however, such powers to do not convert a Commission into a civil court.
The powers include to:
i) summon, enforce, and examine an oath of any person across any part of
India;
ii) access, discover, and production of any documents pertaining to STs;
iii) receive evidence on affidavits;
iv) request any public record or copy from any court or office; and
v) any other matter, as referred by the President or Parliament.
9.4.3 Complaints Received by NCST
The Commission receives grievance petitions from across India that includes (i)
alleged violation of service safeguards (ii) matters related to alienation of land,
admission in higher educational institutions vis-à-vis medical, engineering, etc.
(iii) atrocities in offices, public places etc.
With the objective to provide information regarding the working of NCST to the
120 tribal petitioners, an Information and Facilitation Centre has been established at
the headquarters. Secondly, to enable the poor tribal people to reach out to the National Commission
for Scheduled Castes,
officers of NCST, a toll free number has been created. Thirdly, a dedicated web National Commission
portal for tribal affairs and welfare has been instituted in the year 2007. for Scheduled Tribes

9.4.4 Regional Offices

NCST has Regional Offices to formulate policies and issue guidelines for the
welfare of STs in the respective states and union territories. The offices also
update the headquarters regarding the developments in policy decisions in their
respective jurisdictions pertaining to STs.
Functions of Regional Offices
i) The Regional Offices are expected to communicate with the State authorities
and guide them so as to keep the policies intact with the interests of STs. The
state offices also monitors the funds being earmarked under Tribal Sub-Plan
and oversees the utilisation of funds.
ii) Each Regional Office compiles the major issues related to ST welfare that
have been undertaken in their respective jurisdiction and periodically sends
the quarterly report to NCST. It enables the Commission to understand the
perspectives of ST welfare at the national level and take appropriate action.
iii) The regional officers accompany the Chairperson and members of NCST on
their visits to the respective states/union territories. The regional officers are
involved in the on-the spot enquiry conducted by NCST in case of atrocities
against STs. Moreover, they are expected to network with the state authorities
for proper conduct of review meetings at the state and district level (National
Commission for Scheduled Tribes Website).
Let us look into some of the complaints dealt by NCST in Box 9.4.1.

Box 9.4.1 Case Examples regarding Complaints

Development matters
Case Example 1
In March 2013, the Dean Students Welfare of Indira Gandhi National Tribal
University (Madhya Pradesh) wrote a letter to the Commission concerning non-
payment of Post Matric Scholarship to some of the SC/ST students of the Tribal
University. It was informed that the payment had to be done by the District Tribal
Welfare Department. Even after the intervention of the Commission in April
2013, and subsequent reminder letters from 2014 to August 2015, there was no
response from the Collector office. Finally, in September, 2015, the District
Collector reported to the Commission that 2 SC and 2 ST students of the
university have received the scholarship and thus the matter was closed.
Case Example 2
In 2014, a petitioner from Kolkata made a representation to NCSC citing that few
tribal people despite applying for caste certificate in the sub-divisional officer did
not receive the certificate. Post intervention of NCSC with the District Collector
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Roles of Various
Institutions
reported to the Commission that 2 SC and 2 ST students of the university have
received the scholarship and thus the matter was closed.
Case Example 2
In 2014, a petitioner from Kolkata made a representation to NCSC citing that few
tribal people despite applying for caste certificate in the sub-divisional officer did
not receive the certificate. Post intervention of NCSC with the District
Magistrate, the certificates were eventually issued in August 2015.
(Continued)
Service matters
Case Example 3
A petitioner from Hooghly made a representation in 2015 that his pensioner and
retirement benefits were not paid by the Department of Posts since February
2014. NCSC took this matter with the General Manager, Kolkata and later it was
sorted out in July 2015.
Atrocity Matters
Case Example 4
In September 2014, there was a news article in the Bhopal edition of “Patrika”
titled ‘Tribal Sarpanch beaten by blusterer’. As per the article, the Sarpanch
refused to give his cock to the blusterers (miscreants), consequently, he was
severely beaten by the miscreants. At an extreme level, the family had to leave
the village as they were constantly under threat and fear. On its own initiative,
the NCST took the matter with the District Collector and Superintendent of
Police (SP). SP sent a letter to NCST confirming the news article about the
atrocity. Accordingly, a case was registered and investigated. In due course, the
accused were arrested and as monetary assistance to the victim an amount of
Rs. 1, 80,000 was deposited in the bank account of the tribal sarpanch.
Case Example 5
In 2015, there was a news article in the Bhopal edition of “DainikBhaskar” titled
‘TTE threw woman from running train in Jabalpur’. According to the article, a
railway ticket checker pushed a tribal woman from a running train because of
which she lost her one leg (as it was cut by the wheels of the train). The reason
was she purchased general ticket but was found to be seated in reserved
compartment. The Commission took suomoto cognisance of the issue and
immediately sought the report from the District Collector and SP of Jabalpur.
NCST followed it up with Tribal Welfare Department and came to know that as
first instalment the victim had been paid a sum of Rs. 90,000 and the remaining
amount would be settled after the court convicts the ticket checker.
From the above case examples, we can understand the various issues and
challenges being faced by STs and how NCST intervenes to enable optimal
justice to the victims.

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ACTIVITY National Commission
for Scheduled Castes,
National Commission
Read some of the newspaper articles on the prevailing situation for/against for Scheduled Tribes
Scheduled Castes/Scheduled Tribes in India.

9.5 CONCLUSION
In order to improve the social mobility of SCs and STs, the Constitution of India
had constituted Scheduled Castes and Scheduled Tribes Commission in 1950. It
was started with a single Special Officer, however due to the complexities faced
by the target audience there was a need for a strong, representative, and effective
body. On the other hand, owing to the political pressure put forth by the
Members of Parliament, a single Commission was deemed inadequate, therefore,
the Scheduled Castes and Scheduled Tribes Commission became as two
independent constitutional bodies:
i) National Commission for Scheduled Castes (NCSC)
ii) National Commission for Scheduled Tribes (NCST)
Both NCSC and NCST are functioning to protect the constitutional safeguards of
the target audience vis-à-vis (i) Development and Protective Safeguards (ii)
Social Safeguards (iii) Economic Safeguards (iv) Educational and Cultural
Safeguards (v) Political Safeguards (vi) Service Safeguards. Whenever there is a
violation of deprivation of rights and entitlements, the constitutional bodies either
take suo-moto action or coordinate with state offices of the respective
Commission or network with local authorities to seek remedy and appropriate
measures. Besides, both NCSC and NCST have been vested with powers and
functions to protect and promote SCs and STs. Through this Unit, we are able to
understand the role and functions of the Commissions and through case
examples, we are able to infer the perspectives of the underserved communities
and how the intervention of the Commission help them in protecting their
interests.

9.6 REFERENCES
Annual Report (2015-16). National Commission for Scheduled Tribes. Retrieved
from: https://164.100.94.154/sites/default/files/2019/Annual_Report/11.pdf
Annual Report (2016-17). National Commission for Scheduled Castes. Retrieved
from: http://ncsc.nic.in/files/AR16_17.pdf
Centre for Policy Research (n.d). Social Inequality and Institutional Remedies: A
Study of the National Commission for Scheduled Castes. Retrieved from:
https://www.cprindia.org/sites/default/files/policy-briefs/NCSC-CPR.pdf
Handbook (2016). National Commission for Scheduled Castes. Retrieved from:
http://ncsc.nic.in/files/HANDBOOK-2016.pdf
National Commission for Scheduled Castes. Retrieved from: http://ncsc.nic.in/
National Commission for Scheduled Tribes. Retrieved from: https://ncst.nic.in/.
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