The National Commission plays a crucial role in safeguarding the rights of Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) in India. These commissions are responsible for monitoring welfare measures, recommending policy changes, and addressing grievances related to these marginalized communities. However, several issues hinder their effectiveness, requiring urgent reforms for better governance and justice.

Structure and Appointment of the National Commission

The National Commission for SCs, STs, and OBCs function under different constitutional provisions but share similar appointment procedures and responsibilities.

National Commission for Scheduled Castes (NCSC)

• Established under Article 338 of the Constitution.
  
  
• Originally, a Special Officer for SCs & STs was appointed; later, a multi-member commission was introduced in 1978.
  
  
• In 1990, the commission was granted constitutional status through the 65th Constitutional Amendment Act.
  
  
• In 2003, the National Commission for Scheduled Castes was separated from the National Commission for Scheduled Tribes under the 89th Constitutional Amendment Act.
  
  

National Commission for Scheduled Tribes (NCST)

• Established under Article 338A of the Constitution.
  
  
• Initially a statutory body, it gained constitutional status through the 102nd Constitutional Amendment Act (2018).
  
  
• Focuses on the implementation of PESA Act, 1996 and policies to end shifting cultivation among tribals.
  
  

National Commission for Backward Classes (NCBC)

• Established under Article 338B of the Constitution.
  
  
• Functions to advise on the socio-economic development of Other Backward Classes (OBCs).
  
  
• Unlike NCSC and NCST, NCBC lacks certain powers, including defining ‘backwardness’ independently.
  
  

Appointment and Tenure

• The President of India appoints the Chairperson, Vice-Chairperson, and three other members for each commission.
  
  
• Their tenure and service conditions are determined by the President, typically lasting three years.
  
  

Powers and Responsibilities of the National Commission

Judicial Powers

• The National Commission has civil court powers in certain cases, such as summoning individuals, requesting documents, and accepting affidavits.
  
  
• However, it lacks the authority to issue permanent or interim injunctions, limiting its influence.
  
  

Annual Reports to Parliament

• The National Commission submits an annual report to the President, who presents it before Parliament.
  
  
• Reports concerning states are sent to respective State Governors for submission to state legislatures.
  
  

Challenges Faced by the National Commission

Challenges with the National Commission for Scheduled Castes (NCSC)

• Non-binding recommendations: NCSC's recommendations on atrocities against SCs are not mandatory, weakening their impact.
  
  
• Favoritism: Often prioritizes elite SC groups over economically weaker Dalits.
  
  
• Delayed responses: Slow inquiry processes and limited use of suo motu cognizance.
  
  
• Lack of discussion on reports: Parliament rarely discusses the annual reports, reducing their significance.
  
  

Challenges with the National Commission for Scheduled Tribes (NCST)

• Dysfunctionality: No reports have been submitted to Parliament in the last four years.
  
  
• Budget and manpower issues: Lack of resources results in slow case resolutions, with nearly 50% of complaints remaining unresolved.
  
  
• Cultural decline: Over 250 tribal languages have disappeared, highlighting NCST’s failure to protect tribal identities.
  
  
• Increasing atrocities: NCRB data shows a rise in crimes against SCs and STs, demonstrating ineffective intervention.
  
  

Challenges with the National Commission for Backward Classes (NCBC)

• Lack of authority: Cannot define backwardness or review the OBC list, limiting its impact.
  
  
• Manpower shortage: Faces challenges similar to NCSC and NCST due to inadequate resources.
  
  
• Government influence: NCBC’s recommendations are not binding, reducing its effectiveness.
  
  
• Ambiguous legal status: The recent amendments did not align with Supreme Court directives for an expert body.
  
  

Way Forward: Strengthening the National Commission

For the National Commission for Scheduled Castes (NCSC)

• Grant additional investigative powers to handle criminal cases against SCs.
  
  
• Ensure timely Parliament discussions on NCSC reports through amendments to Article 338.
  
  
• Commission studies on caste-based issues to improve policymaking.
  
  
• Develop a central database for better tracking of caste-related atrocities.
  
  

For the National Commission for Scheduled Tribes (NCST)

• Increase autonomy and funding for effective operations.
  
  
• Regularly review tribal welfare schemes to address emerging concerns.
  
  
• Strengthen grievance redressal mechanisms to resolve cases efficiently.
  
  
• Preserve tribal culture and languages through targeted policies.
  
  

For the National Commission for Backward Classes (NCBC)

• Amend Article 338B(5) to mandate regular revisions of the OBC list.
  
  
• Make NCBC recommendations legally binding to enhance their impact.
  
  
• Authorize NCBC to define backwardness, ensuring fair caste classifications.
  
  
• Increase grassroots-level efforts to promote equal representation of OBCs.
  
  

Recent Developments and Legal Judgments

Supreme Court’s Ruling on SC/ST Sub-Categorization

• The Supreme Court (2024) ruled that SC/STs are not homogenous and can be sub-classified for targeted reservations.
  
  
• The decision allows states to prioritize the most disadvantaged groups within SC/ST categories.
  
  
• The "creamy layer" concept was suggested for SCs/STs, similar to OBC reservations.
  
  
• This ruling impacts states like Punjab, Bihar, and Tamil Nadu, which have long advocated for SC sub-classification.
  
  

Conclusion

The National Commission plays a crucial role in protecting marginalized communities, but its effectiveness is hindered by bureaucratic delays, resource shortages, and lack of legal enforcement. Strengthening the commissions through legislative amendments, increased funding, and enhanced judicial powers will ensure better implementation of social justice policies. Addressing these challenges will pave the way for a more inclusive and equitable society.