National Commissions for SCs, STs and Backward Classes; Linguistic Minorities

Constitutional commissions for social justice

The Constitution creates special bodies to monitor safeguards for disadvantaged groups. Three national commissions are constitutional: the National Commission for Scheduled Castes (NCSC, Article 338), the National Commission for Scheduled Tribes (NCST, Article 338A) and the National Commission for Backward Classes (NCBC, Article 338B). A fourth constitutional office protects linguistic minorities – the Special Officer for Linguistic Minorities (Article 350B). (The National Commission for Minorities and the National Commission for Women are statutory bodies and are covered in another lesson.)

Evolution

• Originally, Article 338 provided for a Special Officer for SCs and STs – the Commissioner for SCs and STs – to investigate safeguards and report to the President.
• In 1978 the government set up a non-statutory multi-member Commission for SCs and STs by a resolution; in 1987 it was renamed the National Commission for SCs and STs.
• The 65th Amendment (1990) replaced the Special Officer with a constitutional National Commission for SCs and STs.
• The 89th Amendment (2003) bifurcated it into the NCSC (Article 338) and the NCST (new Article 338A), both constituted in 2004.
• The 102nd Amendment (2018) gave constitutional status to the NCBC (Article 338B), replacing the statutory NCBC set up in 1993 under the NCBC Act after the Indra Sawhney judgment.

Structure and functions (common to all three)

Each commission has a chairperson, a vice-chairperson and three other members, appointed by the President by warrant under hand and seal; their conditions of service and tenure are determined by the President (by rule – currently three years).

Functions:

• To investigate and monitor all matters relating to constitutional and legal safeguards for the group and evaluate their working.
• To inquire into specific complaints about deprivation of rights and safeguards.
• To participate and advise on the planning process of socio-economic development and evaluate progress under the Union and states.
• To present annual reports (and others as it thinks fit) to the President, who lays them before Parliament with a memorandum on action taken and reasons for non-acceptance of recommendations; reports concerning a state are forwarded to the Governor.
• To discharge other functions specified by the President. For the NCST, these were specified in 2005 to include measures for ownership rights over minor forest produce, safeguarding rights to mineral and water resources, rehabilitation of displaced tribals, prevention of alienation of tribal land, and checking shifting cultivation problems.

Powers: while investigating or inquiring into a complaint, each commission has the powers of a civil court – summoning and examining persons on oath, requiring production of documents, receiving evidence on affidavits, requisitioning public records, and issuing commissions to examine witnesses. The Union and every state government must consult the commission on all major policy matters affecting the group.

The NCSC also performs functions in respect of Anglo-Indians and, until 2018, did so for OBCs (Article 338(10) earlier extended its remit to backward classes; this was changed by the 102nd Amendment).

The NCBC and the 102nd and 105th Amendments

The 102nd Amendment (2018) added:

• Article 338B – constitutional NCBC with functions similar to the NCSC/NCST: investigating safeguards for socially and educationally backward classes (SEBCs), inquiring into complaints and advising on development.
• Article 342A – the President may, after consulting the Governor, specify the SEBCs in relation to a state; Parliament can modify the list.

In Jaishri Laxmanrao Patil (Maratha reservation case, May 2021) the Supreme Court (3:2) read Article 342A to mean that only the Central list could identify SEBCs, taking away the states' power to identify backward classes for their own purposes; it also struck down the Maratha quota for exceeding the 50% ceiling without exceptional circumstances. Parliament responded with the 105th Amendment (August 2021), which restored the power of states and UTs to prepare and maintain their own state lists of SEBCs (Article 342A(3)), for which the NCBC need not be consulted.

Sub-categorisation of OBCs: the Justice G. Rohini Commission (2017–2023) was set up under Article 340 to examine sub-categorisation of OBCs in the Central list, as a small number of communities were found to have cornered most benefits. Its report was submitted to the President in July 2023.

Article 340 and the Mandal Commission

Article 340 lets the President appoint a commission to investigate the conditions of socially and educationally backward classes. Two such commissions: the Kaka Kalelkar Commission (1953–55) and the B.P. Mandal Commission (1979–80), which identified 3,743 backward castes and recommended 27% reservation for OBCs in central government jobs. It was implemented by the V.P. Singh government in 1990 and upheld in Indra Sawhney (1992) with the creamy layer exclusion. The creamy-layer income ceiling is currently ₹8 lakh a year (revised in 2017).

Special Officer for Linguistic Minorities (Article 350B)

Originally the Constitution had no provision. The States Reorganisation Commission (1953–55) recommended it, and the 7th Amendment (1956) inserted Article 350B: a Special Officer for Linguistic Minorities, appointed by the President, to investigate matters relating to safeguards for linguistic minorities and report to the President, who lays the reports before Parliament and sends them to the states concerned. The office is designated the Commissioner for Linguistic Minorities, with headquarters at Allahabad (Prayagraj) and regional offices, under the Ministry of Minority Affairs. Related safeguards: Article 350 (representation in any language), Article 350A (primary education in the mother tongue), Article 29 (conservation of language) and Article 30 (educational institutions).

Effectiveness – a balanced view

Strengths: these commissions give a constitutional voice to marginalised communities, have civil-court powers, and handle thousands of complaints a year on atrocities, service matters and land alienation. Their reports have shaped amendments to the SC/ST (Prevention of Atrocities) Act (2015 and 2018).

Weaknesses: their recommendations are not binding; reports are tabled years late; posts often remain vacant; they lack their own investigative machinery; state governments rarely respond seriously; and their annual reports to Parliament are rarely discussed. Suggestions include time-bound tabling and action-taken reports, filling vacancies, a dedicated investigation wing, and better data sharing with states.

Practice: Mains question

*"Constitutional status without enforcement powers limits the effectiveness of the NCSC and NCST." Examine. (150 words)* Mention evolution (65th and 89th Amendments), powers of a civil court, mandatory consultation, advisory nature, delayed reports and vacancies; suggest reforms.

Common traps

• The NCSC and NCST were separated by the 89th Amendment (2003); the NCBC became constitutional by the 102nd (2018).
• The 105th Amendment (2021) restored states' power to make their own OBC lists.
• Article 340 – commission on backward classes (Kalelkar, Mandal, Rohini).
• Article 350B – Special Officer for Linguistic Minorities (7th Amendment, 1956).
• NCW and NCM are statutory, not constitutional.

Practice: check your understanding

1. *Who identifies Scheduled Castes and Scheduled Tribes?* The President, by public notification for each state after consulting the Governor (Articles 341 and 342); Parliament alone can include or exclude communities by law.
2. *Must the government accept the NCSC's advice?* No, but it must explain non-acceptance in the memorandum laid before Parliament.
3. *Why was the Rohini Commission set up?* To examine uneven distribution of OBC reservation benefits and recommend sub-categorisation within the Central list.