NCSC, NCST, and NCBC

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1. Constitutional Evolution

Originally, Article 338 provided for a Special Officer.

  • 65th Amendment Act (1990): Created a multi-member National Commission for SCs and STs.
  • 89th Amendment Act (2003): Bifurcated the combined commission into two separate bodies:
    1. National Commission for SCs (Article 338).
    2. National Commission for STs (Article 338-A).
  • 102nd Amendment Act (2018): Conferred constitutional status on the National Commission for Backward Classes (Article 338-B).

2. Composition and Powers

Composition: All three commissions consist of a Chairperson, a Vice-Chairperson, and 3 other members.

  • They are appointed by the President by warrant under his hand and seal. Their conditions of service and tenure of office are also determined by the President.

Powers: While investigating matters or inquiring into any complaint, they have all the powers of a civil court trying a suit (summoning witnesses, requiring documents, receiving evidence on affidavits).

3. Functions and Reporting

Functions: To investigate and monitor matters relating to their respective constitutional safeguards, inquire into specific complaints regarding the deprivation of rights, and participate/advise on their socio-economic development.

Reports: They present annual reports to the President, who places them before the Parliament along with an ATR (Action Taken Report). They also send state-specific reports to Governors to lay before State Legislatures.