National Commission for Scheduled Caste (SC)- UPSC Notes

The National Commission for SCs is an Indian constitutional body established under Article 338 to safeguard Schedule Tribes and Anglo-Indian Communities against exploitation and protect and promote their interests.

The Evolution of the Commission:  

For the welfare of the scheduled caste and the effective implementation of various safeguards provided in the constitution. Under Article 338, the National Commission for SCs was established as a Constitutional Body.

Originally, though, it started to function as a single special officer, whereas over the years, it functions as a multi-member body:

• Appointment of a Special Officer: Originally, under Article 338 of the constitution, a special officer was appointed to investigate matters relating to the constitutional safeguards for the SCs and the STs. The special officer was designated as a commissioner of SC and ST.
• Non-Statutory Multi-Member Commission: A special officer was not enough to implement safeguard policies for the SC and STs. Therefore, a Non-Statutory multi-member commission was created by the Government by passing a resolution in 1978, whereas the office of commissioner for SCs and STs continued to exist.
• This was renamed the National Commission for SCs and STs, and the Government modified the function of the Commission by passing a resolution in
• 65^th Constitutional Amendment Act, 1990: A high-level multi-member body for SCs and STs was established in place of a single special officer for SCs and STs. It abolished the Commissioner for SCs and STs as well as the Commission, which was set up under the resolution of 1987.
• 89^th Constitutional Amendment Act, 2003: A single commission was inadequate to monitor the constitutional safeguards of SCs and STs, and therefore, this act divided the single National Commission for SCs and STs into two separate bodies, i.e.,

1. National Commission for Schedule Caste under Article 338 and
2. National Commission for Scheduled Tribes(NCST) under Article 338-A.

• In 2004, a separate First National Commission for SCs came into being (Article 338).

Article 338 (Present scenario):

• Composition of the National Commission for SCs: It includes a chairperson, a vice chairperson, and three other members.
• Appointment: the members are appointed by the President by warrant under his hand and seal.
• Qualification: as per the National Commission for Scheduled Castes Chairperson, Vice-Chairperson and members (Conditions of Services and Tenure) rules, 2004,
• The members shall be appointed from amongst persons of ability, integrity, and standing who had a record of selfless service to the cause of justice for the Scheduled Castes.
• The chairperson shall be appointed from amongst eminent sociopolitical workers belonging to the SC.
• Vice-Chairperson and all other members, out of whom at least two shall be appointed from amongst persons belonging to the SC.
• At least one other member shall be appointed from amongst
• Condition of Service and Tenure of Office: The constitution empowers the President of India to determine the condition of services and tenure of the members.
• Term of office: The members of the Commission hold office for a term of three years, as per “The National Commission for Scheduled Castes Chairperson, Vice-Chairperson and Members (Conditions of service and Tenure) Rules, 2004” made by the President.
• Resignation: The chairperson, and Vice-Chairperson, and any other member may resign from their posts, writing to the President.
• Removal: The chairperson shall only be removed from his office by the President’s order on the grounds of misbehaviour after the Supreme Court’s enquiry.
• The members of the Commission can only be appointed for a maximum of two terms.
• Suraj Bhan was the First chairman of the National Commission for Scheduled castes. Until now, 6 National Commissions for scheduled Castes have been constituted.