The Constitution gives special safeguards to Scheduled Castes, Scheduled Tribes and Backward Classes. Someone must check that these safeguards are followed. For this, the Constitution creates three national commissions. They are the National Commission for Scheduled Castes (NCSC), the National Commission for Scheduled Tribes (NCST) and the National Commission for Backward Classes (NCBC). Exams ask about their Articles, the amendments behind them and their members. This post explains all three in simple words. It ends with 15 previous year questions.
Key Points (Quick Revision)
- Article 338 - National Commission for Scheduled Castes.
- Article 338A - National Commission for Scheduled Tribes, added by the 89th Amendment, 2003.
- Article 338B - National Commission for Backward Classes, added by the 102nd Amendment, 2018.
- All three are constitutional bodies.
- Each has a Chairperson, a Vice-Chairperson and three other members, appointed by the President.
1. How the commissions began
At first, the Constitution did not create a commission. Article 338 provided for a Special Officer for SCs and STs. This officer was called the Commissioner for Scheduled Castes and Scheduled Tribes.
The setup changed in steps:
- 1978 - the government set up a non-statutory commission for SCs and STs by a resolution.
- 1990 - the 65th Amendment replaced the single officer with a multi-member National Commission for SCs and STs. It became a constitutional body.
- 2003 - the 89th Amendment split it into two: the NCSC under Article 338 and the NCST under the new Article 338A. The two separate commissions started work in 2004.
2. National Commission for Scheduled Castes (Article 338)
The NCSC has a Chairperson, a Vice-Chairperson and three other members.
- They are appointed by the President by warrant under hand and seal.
- Their conditions of service and term are decided by the President. Under the rules, the term has been three years.
Its main duties are:
- To investigate and monitor all matters relating to the safeguards for SCs.
- To inquire into specific complaints about the denial of rights and safeguards.
- To advise on the planning of socio-economic development of SCs.
- To present an annual report to the President.
The President places the report before each House of Parliament, with a note on the action taken. If a report concerns a State, it is also sent to the Governor.
While inquiring into a complaint, the commission has the powers of a civil court. It can summon people, ask for documents and take evidence on oath.
3. National Commission for Scheduled Tribes (Article 338A)
The NCST was created by the 89th Amendment Act, 2003. Its structure is the same as the NCSC: a Chairperson, a Vice-Chairperson and three other members, appointed by the President.
Its duties are like those of the NCSC, but for STs. It also looks at issues special to tribal people, such as:
- Rights of tribes over minor forest produce.
- Protecting tribes from land alienation and helping those displaced by projects.
- Steps for the development of tribal areas.
Like the NCSC, it reports to the President and has the powers of a civil court during an inquiry.
4. National Commission for Backward Classes (Article 338B)
The NCBC has a longer history.
- 1992 - in the Indra Sawhney case, the Supreme Court asked the government to set up a permanent body for backward classes.
- 1993 - Parliament passed the NCBC Act, 1993. The NCBC became a statutory body.
- 2018 - the 102nd Amendment added Article 338B and made the NCBC a constitutional body. The 1993 Act was repealed.
- 2021 - the 105th Amendment made clear that States can keep their own lists of socially and educationally backward classes.
The NCBC has a Chairperson, a Vice-Chairperson and three other members, appointed by the President. It examines complaints and safeguards for socially and educationally backward classes, and reports to the President.
5. Backward Classes Commissions under Article 340
These are different from the NCBC. Article 340 lets the President appoint a commission to study the conditions of backward classes. Two such commissions are famous:
| Commission | Chairman | Year |
|---|---|---|
| First Backward Classes Commission | Kaka Kalelkar | Set up in 1953 |
| Second Backward Classes Commission | B. P. Mandal | Set up in 1979; report in 1980 |
The Mandal Commission recommended 27% reservation for OBCs in central government jobs. This was put in place in 1990 and upheld in the Indra Sawhney case of 1992, with the creamy layer kept out.
6. The three commissions compared
| Point | NCSC | NCST | NCBC |
|---|---|---|---|
| Article | 338 | 338A | 338B |
| Constitutional status from | 1990 (65th Amendment), as a joint body | 2003 (89th Amendment) | 2018 (102nd Amendment) |
| Members | Chairperson, Vice-Chairperson and three other members | ||
| Appointed by | The President | ||
| Reports to | The President | ||
7. Previous year questions
- Which Article provides for the National Commission for Scheduled Castes? – Article 338
- Which Article provides for the National Commission for Scheduled Tribes? – Article 338A
- Which Article provides for the National Commission for Backward Classes? – Article 338B
- Which Amendment created a separate National Commission for Scheduled Tribes? – 89th Amendment, 2003
- Which Amendment gave constitutional status to the NCBC? – 102nd Amendment, 2018
- Which Amendment set up the multi-member National Commission for SCs and STs in 1990? – 65th Amendment
- Who appoints the members of the National Commission for Scheduled Castes? – The President
- To whom does the NCSC submit its annual report? – The President
- How many members does the NCSC have besides the Chairperson and Vice-Chairperson? – Three
- Under which Act was the NCBC first set up as a statutory body? – NCBC Act, 1993
- Which case led to the setting up of a permanent body for backward classes? – Indra Sawhney case (1992)
- Who chaired the First Backward Classes Commission? – Kaka Kalelkar
- Who chaired the Second Backward Classes Commission? – B. P. Mandal
- Under which Article can the President appoint a commission to study backward classes? – Article 340
- What powers does the NCSC have while inquiring into a complaint? – Powers of a civil court
8. How to revise this topic
Start with the three Articles: 338 for SCs, 338A for STs, 338B for Backward Classes.
Next, fix the amendments: 65th in 1990 (joint commission), 89th in 2003 (split), 102nd in 2018 (NCBC), 105th in 2021 (State lists).
Then remember the common structure: Chairperson, Vice-Chairperson and three members, appointed by the President, reporting to the President.
Finally, do not mix up the NCBC with the Article 340 commissions of Kaka Kalelkar and B. P. Mandal.
9. Frequently Asked Questions
What is the National Commission for Scheduled Castes?
It is a constitutional body under Article 338 that monitors the safeguards for Scheduled Castes and inquires into complaints. It has a Chairperson, a Vice-Chairperson and three other members appointed by the President.
When was the National Commission for Scheduled Tribes created?
It was created by the 89th Constitutional Amendment Act, 2003, which added Article 338A and split the earlier joint commission for SCs and STs. The separate commissions started work in 2004.
When did the NCBC become a constitutional body?
The NCBC became a constitutional body through the 102nd Amendment Act, 2018, which added Article 338B. Before that it was a statutory body under the NCBC Act, 1993.
Who appoints the members of these commissions?
The President appoints the Chairperson, Vice-Chairperson and other members of all three commissions by warrant under hand and seal.
What is the difference between the NCBC and the Mandal Commission?
The NCBC is a permanent constitutional body under Article 338B. The Mandal Commission was a one-time Backward Classes Commission appointed under Article 340 in 1979, which recommended 27% reservation for OBCs.
For more Polity topics in simple language, see our Reservation System in India, NHRC and Important Constitutional Amendments posts, or browse the Polity section. Preparing for a state PSC? Start with the UPPSC PCS guide or join the 100 Hour GS Course.