National commission for SCs is a constitutional body as provided by Article 338 of the Constitution. Article 338 provides for a Commissioner for SCs and STs who would investigate matters related to safeguarding the interests of SCs and STs.
65th Constitutional Amendment Act,1990 provided for establishment of multimember National Commission in place of single Commissioner for SCs and STs.
89th Constitutional Amendment Act,2003 bifurcated the Commission into National Commission for SCs u/a 338 and National Commission for STs u/a 338
(a). The National Commission for SCs came into existence in 2004.
It consists of a Chairperson, Vice Chairperson and three other members. They are appointed by the President and their conditions of service and tenure of office are also determined by him.
Functions of the Commission-
1. Investigate and monitor matters relating to safeguarding interests of SCs, OBCs and Anglo Indians
2. Enquire into complaints made by SCs, OBCs and Anglo Indians regarding lack of rights.
3. Advice on socio- economic development of SCs,OBCs and Anglo Indians and look after progress of their development
4. Present reports to President annually and at other times if necessary about the safeguards
5. Recommend measures to be taken by government for protection, welfare and socio economic development of SCs, OBCs and Anglo Indians
6. If President specifies any other functions related to protection, welfare and socio economic development of SCs, OBCs and Anglo Indians
Report of Commission
The Commission submits the annual report to President who presents it before both the Houses of the Parliament, alongwith a memorandum explaining actions taken on the recommendations and reasons for non acceptance of any recommendations. In case the report pertains to State Government, he forwards it to respective Governor of the State who presents it before the State Legislature alongwith a memorandum explaining actions taken on recommendations and reasons for not accepting any recommendations.
Powers of the Commission
The Commission regulates its own procedure. While investigating complaints, it gets power of a civil court in following matters-
1. Summoning any person of India and examining him on oath
2. Requiring production of any document
3. Requisitioning any public record from a court or office
4. Receiving evidences on affidavits
5. Summoning anyone in order to examine witnesses and documents
6. Any other matter which President determines
On all policies affecting SCs, OBCs and Anglo Indians, the Central and State governments should consult the Commission.