National Commission for SC, ST and OBCs

National Commission for Scheduled Castes (NCSC)

Let’s begin with a simple question:
“Who ensures that the constitutional safeguards and welfare measures meant for Scheduled Castes are actually implemented?”

That duty lies with the National Commission for Scheduled Castes (NCSC) —
a constitutional body created under Article 338 of the Indian Constitution.

⚖️ Constitutional Status

• The NCSC is a constitutional body, i.e. it has been directly established by the Constitution (Article 338).
• This gives it a higher legal status and autonomy compared to bodies created by ordinary laws (statutory bodies).

For comparison:
Bodies like the National Commission for Women (1992), National Human Rights Commission (1993), and National Commission for Minorities (1993) are all statutory — created by Acts of Parliament —
whereas the NCSC draws its authority directly from the Constitution itself.

🕰️ Evolution of the Commission

Let’s trace how it evolved over time — step by step:

Year	Event	Description
1950 (Original Constitution)	Article 338 provided for a Special Officer for SCs and STs	The officer (called Commissioner for SCs and STs) investigated safeguards and reported to the President.
1978	Govt created a non-statutory multi-member Commission for SCs & STs	The original Commissioner’s office continued separately.
1987	Govt restructured it as National Commission for SCs & STs (via resolution)	Combined monitoring and advisory body.
1990 (65th Amendment)	Established a constitutional multi-member body replacing the single Commissioner	Became National Commission for SCs and STs under Article 338.
2003 (89th Amendment)	Bifurcated into two separate bodies: → National Commission for SCs (Article 338) → National Commission for STs (Article 338A)
2004	Separate NCSC formally came into existence	Functioning as an independent constitutional commission.

👥 Composition of the NCSC

The NCSC consists of:

1. Chairperson
2. Vice-Chairperson
3. Three other Members

➡️ Total = 5 members

All are appointed by the President of India by warrant under his hand and seal.

• Tenure: As per Presidential rules, they hold office for three years.
• Reappointment: They can serve up to two terms (not more).
• Conditions of service: Determined by the President.

⚙️ Functions of the Commission

The NCSC’s functions are laid down in Article 338(5).
Let’s understand them:

1. Investigate & Monitor Safeguards –
   Examine how constitutional and legal safeguards for SCs are being implemented.
2. Inquire into Specific Complaints –
   Investigate individual cases of deprivation of rights or discrimination against Scheduled Castes.
3. Advise in Development Planning –
   Participate in and advise on the planning process of socio-economic development of SCs, and evaluate their progress under Union and State plans.
4. Report to the President –
   Present annual and periodic reports on the working of safeguards for SCs.
5. Recommend Measures –
   Suggest steps to improve protection, welfare, and socio-economic advancement of SCs.
6. Perform Other Functions Assigned by the President –
   Any additional duties relating to protection and development of SCs.

✅ In essence:
The Commission acts as the watchdog of SC rights — monitoring, investigating, advising, and reporting.

📊 Reporting Mechanism

• The NCSC submits an annual report (and other reports as necessary) to the President.
• The President lays the report before Parliament, along with a memorandum explaining:
  • What actions were taken on the Commission’s recommendations, and
  • Reasons for non-acceptance (if any).
• The President also forwards relevant parts of the report to State Governors,
  who must lay them before their respective State Legislatures along with action-taken memoranda.

➡️ This ensures accountability at both central and state levels.

⚖️ Powers of the Commission

To function effectively, the NCSC has been vested with civil court powers while conducting inquiries or investigations.

These include:

1. Summoning and enforcing attendance of any person from any part of India and examining them on oath.
2. Requiring production or discovery of documents.
3. Receiving evidence on affidavits.
4. Requisitioning public records from any court or office.
5. Issuing summons for examining witnesses and documents.
6. Other powers determined by the President.

Thus, the NCSC functions somewhat like a quasi-judicial body when handling complaints.

🧠 Consultation Power

• The Central and State Governments are constitutionally bound to consult the NCSC on all major policy matters affecting Scheduled Castes.
• This includes policy design, legal reforms, and welfare schemes.

⚖️ Additional Responsibilities

1. Anglo-Indian Community:
   The NCSC also performs similar functions regarding constitutional safeguards for the Anglo-Indian community — examining and reporting on their protection and welfare.
2. Earlier Responsibility for OBCs:
   • Until 2018, the NCSC was also responsible for monitoring safeguards for Other Backward Classes (OBCs).
   • However, the 102nd Constitutional Amendment Act (2018) created a separate National Commission for Backward Classes (NCBC) under Article 338B, relieving NCSC of that responsibility.

🌐 Significance of the NCSC

The NCSC plays a multi-dimensional role in India’s democracy:

1. Constitutional Watchdog:
   Ensures that the rights, reservations, and welfare schemes for SCs are actually implemented.
2. Policy Advisor:
   Advises government on development strategies, legal reforms, and social justice policies.
3. Quasi-Judicial Body:
   Investigates complaints of atrocities, discrimination, and violation of safeguards.
4. Bridge Between Government and Community:
   Acts as a link between policy formulation and grassroots impact.
5. Symbol of Social Justice:
   Reflects India’s constitutional commitment to equality and protection of the weaker sections.

🧩 In Simple Words

The National Commission for Scheduled Castes is India’s constitutional protector of social justice —
ensuring that the safeguards guaranteed to SCs are not just written on paper, but truly implemented on the ground.

It monitors, investigates, advises, and reports — acting as both a guardian and a guide for the Scheduled Caste community.

National Commission for Scheduled Tribes (NCST)

Let’s begin with a fundamental question:
“Who protects the rights of India’s tribal communities and ensures that their constitutional safeguards are effectively implemented?”

That responsibility lies with the National Commission for Scheduled Tribes (NCST) —
a constitutional body created under Article 338-A of the Indian Constitution.

⚖️ Constitutional Status

• The NCST is a constitutional body, directly established under Article 338-A.
• This means its authority flows directly from the Constitution — giving it independence, dignity, and permanence — not from a law of Parliament.
• The body is designed to monitor the implementation of safeguards, advise governments, and report directly to the President on matters concerning Scheduled Tribes.

🕰️ Why A Separate Commission for STs?

To understand why Article 338-A was created, we need to look at the background.

1. Earlier Arrangement

Originally, both SCs and STs were covered under a single institution —
the Commissioner for SCs and STs, as provided by Article 338 (1950).

2. 65th Constitutional Amendment (1990)

This replaced the single Special Officer with a multi-member body — the National Commission for SCs and STs, established under Article 338.
It was meant to be a high-level constitutional body to monitor safeguards for both communities.

3. Emergence of a Separate Ministry

In 1999, the Ministry of Tribal Affairs was created to focus specifically on the unique needs and welfare of Scheduled Tribes —
since it was administratively difficult for the Ministry of Social Justice and Empowerment to manage both SC and ST issues.

4. 89th Constitutional Amendment Act, 2003

Recognizing that SCs and STs are distinct in culture, geography, and developmental needs, the 89th Amendment bifurcated the combined commission into:

• National Commission for Scheduled Castes (Article 338)
• National Commission for Scheduled Tribes (Article 338-A)

This amendment came into effect in 2004, giving STs a dedicated constitutional body.

👥 Composition of the NCST

The NCST consists of:

1. Chairperson
2. Vice-Chairperson
3. Three other Members

➡️ Total: 5 Members

All are appointed by the President of India by warrant under his hand and seal.

• Tenure: 3 years (as per Presidential rules)
• Reappointment: Allowed for a maximum of two terms
• Service Conditions: Determined by the President

⚙️ Functions of the Commission

As per Article 338-A(5), the NCST performs the following constitutional functions:

1. Investigate and Monitor Safeguards
   Examine how constitutional and legal safeguards for STs are being implemented.
2. Inquire into Complaints
   Investigate specific complaints of deprivation or violation of ST rights and safeguards.
3. Advise on Planning Process
   Participate in and advise on socio-economic development planning of STs, and evaluate their progress.
4. Report to the President
   Submit annual and periodic reports on the working of safeguards for STs.
5. Recommend Measures
   Suggest steps to strengthen protection, welfare, and socio-economic development of STs.
6. Perform Additional Functions
   Any other function related to the welfare and advancement of STs as assigned by the President.

🌾 Other Functions (Specified by the President in 2005)

In 2005, the President expanded the scope of NCST’s work to include specialized tribal welfare functions.
These are practical, field-level responsibilities:

1. Ownership Rights over Minor Forest Produce
   Ensure STs living in forest areas receive ownership rights over minor forest produce (like bamboo, tendu leaves, etc.).
2. Protection of Tribal Rights over Natural Resources
   Safeguard community rights over minerals, water, and forest resources.
3. Livelihood and Development Strategies
   Work on measures for sustainable livelihoods and economic self-reliance of tribal populations.
4. Relief and Rehabilitation
   Improve rehabilitation and compensation measures for tribal groups displaced by development projects.
5. Prevention of Land Alienation
   Prevent alienation (loss) of tribal land and ensure rehabilitation for those already affected.
6. Community Participation in Forest Management
   Promote tribal involvement in forest protection and social afforestation.
7. Implementation of PESA Act, 1996
   Ensure effective implementation of the Provisions of Panchayats (Extension to Scheduled Areas) Act, 1996, which extends self-governance to tribal areas.
8. Elimination of Shifting Cultivation (Jhum)
   Promote alternative livelihoods to reduce and eventually end shifting cultivation, which often leads to poverty and environmental degradation.

✅ In short:
These additional functions make the NCST not just a monitoring body but an active advocate for tribal welfare, rights, and empowerment.

📊 Reporting Mechanism

Like the NCSC, the NCST’s reports follow a two-tier accountability process:

1. At the National Level
   • The NCST submits annual and special reports to the President.
   • The President lays these reports before Parliament, accompanied by:
     • A memorandum explaining actions taken on its recommendations, and
     • Reasons for non-acceptance of any recommendation.
2. At the State Level
   • The President forwards relevant reports to the Governor of the concerned State.
   • The Governor places them before the State Legislature with an action-taken note.

This ensures both Parliament and State Legislatures are aware of issues concerning ST welfare.

⚖️ Powers of the Commission

The NCST enjoys civil court powers while investigating complaints or conducting inquiries.

It can:

1. Summon and enforce attendance of any person from any part of India and examine them on oath.
2. Require the discovery and production of documents.
3. Receive evidence on affidavits.
4. Requisition public records from any court or office.
5. Issue summons for examining witnesses and documents.
6. Exercise any additional power determined by the President.

✅ This makes it a quasi-judicial body with authority to compel cooperation from individuals and institutions.

🧠 Consultation Power

Both the Central Government and State Governments are constitutionally bound to consult the NCST on all major policy matters affecting Scheduled Tribes —
for example, laws related to land rights, forest governance, displacement, or tribal self-rule.

🌄 Significance of the NCST

The NCST is not merely a monitoring body — it’s a constitutional guardian of tribal welfare and an institutional voice for the most vulnerable communities in India.

Its importance can be understood under five key roles:

1. Constitutional Watchdog:
   Ensures that safeguards under the Fifth and Sixth Schedules, and special provisions for STs, are effectively implemented.
2. Policy Advisor:
   Advises on welfare planning, forest rights, displacement policies, and development strategies for tribal regions.
3. Rights Protector:
   Investigates violations — from land alienation to exploitation of forest resources.
4. Developmental Partner:
   Works toward empowering STs economically, socially, and politically through inclusive policy recommendations.
5. Symbol of Inclusive Governance:
   Embodies India’s constitutional promise of social justice and protection of diversity.

🧩 In Simple Words

The National Commission for Scheduled Tribes is the constitutional guardian of India’s tribal population.
It ensures that the promises made to STs — of protection, participation, and progress — are not just written in the Constitution but realized in practice.

It bridges the gap between tribal rights and state policy, acting as both a protector and a partner in tribal development.

National Commission for Backward Classes (NCBC)

Let’s start with a simple question:
“Who safeguards the interests of socially and educationally backward classes (SEBCs) in India — just as the NCSC and NCST protect SCs and STs?”

That role is performed by the National Commission for Backward Classes (NCBC) —
a constitutional body established under Article 338-B of the Constitution.

⚖️ Constitutional Status

The National Commission for Backward Classes (NCBC) is a constitutional body, created by the 102nd Constitutional Amendment Act, 2018.

• Earlier, it was a statutory body, functioning under the NCBC Act, 1993, based on the Supreme Court’s direction in the Mandal Case (Indra Sawhney v. Union of India, 1992).
• The 2018 Amendment elevated its status to that of a constitutional body, putting it on par with:
  • The National Commission for Scheduled Castes (Article 338), and
  • The National Commission for Scheduled Tribes (Article 338-A).

This upgrade was intended to give greater authority and independence to the Commission, enabling it to protect the interests of the Socially and Educationally Backward Classes (SEBCs) more effectively.

⚙️ Background: From Mandal to Constitutional Status

1. Mandal Commission (1979):
   Recommended 27% reservation in government jobs for OBCs (implemented in 1990).
2. Mandal Case (Indra Sawhney, 1992):
   The Supreme Court upheld the principle of reservation for backward classes but directed the Government to establish a permanent statutory body to:
   • Examine complaints of under-inclusion, over-inclusion, or non-inclusion in the backward class list.
3. Statutory NCBC (1993):
   In response, Parliament created the National Commission for Backward Classes Act, 1993, making NCBC a statutory body.
4. Constitutional NCBC (2018):
   To give it equal constitutional footing with NCSC and NCST, the 102nd Amendment Act inserted Article 338-B, making NCBC a constitutional commission.

👥 Composition of the NCBC

The NCBC consists of:

1. Chairperson
2. Vice-Chairperson
3. Three other Members

➡️ Total = 5 members

All are appointed by the President of India, by warrant under his/her hand and seal.

• Tenure: 3 years (as per Presidential rules)
• Reappointment: Allowed for a maximum of two terms
• Service Conditions: Determined by the President

This structure mirrors the NCSC and NCST — ensuring parity among all three Commissions.

⚖️ Functions of the Commission

The functions of the NCBC, as laid down in Article 338-B(5), are wide-ranging and comprehensive.

Let’s understand them into clear points:

1. Investigate and Monitor Safeguards
   Examine how constitutional and legal safeguards for SEBCs are being implemented.
2. Inquire into Complaints
   Investigate specific cases of deprivation of rights or misuse of safeguards.
3. Advise on Development Plans
   Participate in and advise on the planning and evaluation of socio-economic development programs for SEBCs.
4. Report to the President
   Submit annual and periodic reports on the working of safeguards for SEBCs.
5. Recommend Measures
   Suggest actions to improve protection, welfare, and socio-economic progress of SEBCs.
6. Perform Other Functions Assigned by the President
   Any additional duties related to SEBC protection or welfare as directed by the President.

✅ In essence, the NCBC is both a watchdog (monitoring) and an advisor (recommending) for the upliftment of backward classes.

📊 Reporting Mechanism

The NCBC follows a reporting system similar to that of the NCSC and NCST, but with one key procedural difference (explained below).

1. To the President:
   • The Commission submits annual and special reports to the President.
   • The President places them before Parliament along with a memorandum stating:
     • What actions have been taken, and
     • Reasons for non-acceptance of recommendations, if any.
2. To the States:
   • The President forwards reports concerning a particular State to its State Government (not to the Governor).
   • The State Government then places it before the State Legislature with an action-taken memorandum.

🔹 Note the distinction:
For NCSC and NCST → reports go via the Governor.
For NCBC → reports go directly to the State Government.

⚖️ Powers of the Commission

Like the other Commissions (NCSC & NCST), the NCBC has civil court powers while conducting investigations or inquiries.

It can:

1. Summon and examine any person from any part of India on oath.
2. Require production of documents or evidence.
3. Receive evidence on affidavits.
4. Requisition public records from any court or office.
5. Issue summons for examination of witnesses or documents.
6. Exercise any other power as determined by the President.

✅ Thus, the NCBC functions as a quasi-judicial authority in matters related to backward classes.

🧠 Consultation Role

• Both the Central Government and the State Governments are required to consult the NCBC on all major policy matters affecting SEBCs.

However, there’s an important change here 👇

105th Constitutional Amendment Act, 2021

• This amendment restored the power of the States to maintain their own list of SEBCs (which had been affected by the 102nd Amendment).
• Consequently, State Governments are no longer required to consult the NCBC while preparing or maintaining their own SEBC lists.

In short:

NCBC deals with the Central List of SEBCs,
while each State can maintain its own separate list for State purposes.

🧩 Significance of the NCBC

The NCBC plays a critical role in India’s social justice system, ensuring the representation and development of backward classes.

Its key roles include:

1. Constitutional Watchdog:
   Monitors whether legal and constitutional safeguards for SEBCs are effectively enforced.
2. Policy Advisor:
   Helps the government in framing policies for the socio-economic upliftment of backward classes.
3. Complaint Redressal Authority:
   Investigates discrimination, exclusion, or misuse of benefits under reservation and welfare schemes.
4. Data & Development Evaluator:
   Evaluates developmental outcomes and welfare program effectiveness.
5. Promoter of Equality:
   Works to reduce socio-economic inequality and ensure inclusive governance.

🧩 In Simple Words

The National Commission for Backward Classes is India’s constitutional guardian of social justice for the Other Backward Classes (OBCs) or SEBCs.
It investigates, monitors, and advises on their welfare and ensures that reservation and development policies truly reach those who need them.

With the 102nd and 105th Amendments, India finally completed the triad of constitutional commissions —
for SCs, STs, and OBCs — ensuring that every major disadvantaged section has an institutional voice and protection under the Constitution.

Summary

Aspect	NCSC	NCST	NCBC
Constitutional Article	338	338-A	338-B
Year of Creation	2004	2004	2018
Beneficiary Group	SCs	STs	SEBCs (OBCs)
Reporting Path	President → Governor → Parliament & State Legislatures	President → Governor → Parliament & State Legislatures	President → State Govt → Parliament & State Legislatures
Key Amendment	89th Amendment	89th Amendment	102nd & 105th Amendments
Consultation Power	All policy matters for SCs	All policy matters for STs	Policy matters for SEBCs (except state lists)