National Commissions

The National Commission for Scheduled Castes (NCSC) is a **constitutional body** established directly by **Article 338** of the Constitution (Part XVI — Special Provisions Relating to Certain Classes). This distinguishes it from other national commissions (National Commission for Women 1992, National Commission for Minorities 1993, NHRC 1993, National Commission for Protection of Child Rights 2007) which are statutory bodies created by Parliament. **Evolution:** - Originally, Article 338 provided for a Special Officer for SCs and STs to investigate constitutional safeguards and report to the President — designated as Commissioner for SCs and STs. - 1978: Government (by Resolution) set up a non-statutory multi-member Commission for SCs and STs. - 1987: Renamed National Commission for SCs and STs (advisory body to government on broad policy). - **65th Constitutional Amendment Act of 1990** (in force 12 March 1992): Replaced the single Special Officer with a high-level multi-member constitutional National Commission for SCs and STs. - **89th Constitutional Amendment Act of 2003** (in force 19 February 2004): Bifurcated the combined commission into two separate bodies — **National Commission for SCs** (Article 338) and **National Commission for STs** (Article 338-A). - The separate National Commission for SCs came into existence in 2004. **Rationale for Separation:** Geographically and culturally, the STs are different from the SCs and their problems are also different from those of SCs. In 1999, a new Ministry of Tribal Affairs was created to provide a sharp focus to the welfare and development of the STs. It was felt necessary that the Ministry of Tribal Affairs should coordinate all activities relating to the STs as it would not be administratively feasible for the Ministry of Social Justice and Empowerment to perform this role. To safeguard the interests of the STs more effectively, a separate National Commission for STs was established by bifurcating the combined National Commission for SCs and STs. **Composition:** Chairperson + Vice-Chairperson + 3 other members = 5 members. Appointed by the President by warrant under his hand and seal. Conditions of service and tenure determined by the President (under Rules: three-year term). **Functions:** - Investigate and monitor all matters relating to constitutional and other legal safeguards for SCs and evaluate their working - Inquire into specific complaints regarding deprivation of rights and safeguards of SCs - Participate and advise on planning process for socio-economic development of SCs; evaluate progress - Present annual reports to the President (and special reports when needed) - Recommend measures to Union or states for effective implementation of safeguards and for protection, welfare, and socio-economic development of SCs - Discharge other functions as specified by the President - Also discharges similar functions for the **Anglo-Indian Community** (Article 338, Clause 10) **Till 2018:** Commission also discharged functions for Other Backward Classes (OBCs). Relieved of this by **102nd Amendment Act of 2018** (which established a separate constitutional National Commission for BCs under Article 338-B). **Powers:** Has powers of a civil court — summoning persons, requiring production of documents, receiving evidence on affidavits, requisitioning public records, issuing summons. The Commission is also vested with the power to regulate its own procedure. **Reporting:** Annual report to President. President places reports before Parliament with memorandum explaining action taken and reasons for non-acceptance of any recommendations. Reports pertaining to states are forwarded by the President to the Governor, who places them before the state legislature. **Consultation:** Central and state governments must consult the Commission on all major policy matters affecting SCs.

The post of Special Officer for Linguistic Minorities is a **constitutional provision** under **Article 350-B** in Part XVII (Official Language) of the Constitution — specifically the fourth chapter on "Special Directives." This article was inserted by the **Seventh Constitutional Amendment Act of 1956**, following a recommendation by the States Reorganisation Commission (1953–55) which was set up to reorganise states on linguistic lines. The original Constitution had no provision for this post — it was added as a safeguard following linguistic reorganisation of states to protect minority language communities within each state. **Article 350-B provides:** 1. There shall be a Special Officer for Linguistic Minorities, appointed by the President. 2. Duty: to investigate all matters relating to constitutional safeguards for linguistic minorities and report to the President at intervals directed by the President. 3. The President shall place all such reports before each House of Parliament and send them to the governments of concerned states. **Note:** The Constitution does NOT specify the qualifications, tenure, salaries, allowances, service conditions, or removal procedure for the Special Officer. **Commissioner for Linguistic Minorities:** In pursuance of Article 350-B, the office was created in 1957. The Special Officer is designated as the **Commissioner for Linguistic Minorities**. - Headquarters: **Allahabad** (Uttar Pradesh) - Three regional offices: **Belgaum** (Karnataka), **Chennai** (Tamil Nadu), **Kolkata** (West Bengal) — each headed by an Assistant Commissioner - Falls under the **Ministry of Minority Affairs** at the Central level - Annual reports submitted to the President through the Union Minority Affairs Minister **Role:** Takes up grievances arising from non-implementation of constitutional safeguards for linguistic minorities at the highest political and administrative levels of state governments and UT administrations; recommends remedial actions. The Commissioner takes up matters pertaining to non-implementation of Constitutional and Nationally Agreed Scheme of Safeguards for linguistic minorities. He recommends remedial actions at the highest political and administrative levels of state governments and UT administrations. The Ministry of Minority Affairs has requested state governments and UT administrations to publicize constitutional safeguards and prioritize implementation of the scheme of safeguards. The Commissioner launched a 10-point program to promote preservation of language and culture of linguistic minorities. **Vision and Mission:** - Vision: Streamlining and strengthening implementation machinery and mechanism for effective implementation of the Constitutional safeguards for the Linguistic Minorities, ensuring protection of rights of speakers of minority languages for equal opportunities for inclusive and integrated development. - Mission: To ensure that all states/UTs effectively implement the Constitutional safeguards and nationally agreed scheme of safeguards for linguistic minorities for providing equal opportunities for inclusive development. **Functions and Objectives:** - Functions: 1. Investigate all matters related to safeguards for linguistic minorities. 2. Submit reports to the President on the status of implementation of Constitutional and nationally agreed safeguards. 3. Monitor implementation of safeguards through various mechanisms like questionnaires, visits, conferences, seminars, meetings, and review mechanisms. - Objectives: 1. Provide equal opportunities to linguistic minorities for inclusive development and national integration. 2. Spread awareness among linguistic minorities about the safeguards available to them. 3. Ensure effective implementation of safeguards for linguistic minorities in the Constitution and other agreed safeguards. 4. Handle representations for redress of grievances related to safeguards for linguistic minorities. **A linguistic minority** is a group whose mother tongue differs from that of the majority in a state or part of a state — determined on a state-wise basis.

The National Commission for Backward Classes (NCBC) has a two-phase history — first as a statutory body, then elevated to constitutional status. **Phase 1 — Statutory Body (1993–2018):** In the landmark Mandal case (Indra Sawhney v. Union of India, 1992), the Supreme Court directed the Central government to constitute a permanent statutory body to examine complaints of under-inclusion, over-inclusion or non-inclusion of any class in the list of backward classes. Accordingly, NCBC was set up in 1993 under the National Commission for Backward Classes Act, 1993. **Phase 2 — Constitutional Body (2018 onwards):** The **102nd Constitutional Amendment Act of 2018** conferred constitutional status on the Commission by inserting a new **Article 338-B** in the Constitution. The National Commission for Backward Classes (Repeal) Act, 2018 simultaneously repealed the 1993 Act. The Commission's constitutional status is now at par with the NCSC (Article 338) and NCST (Article 338-A). The 102nd Amendment also inserted Article **342-A** enabling the President to specify the socially and educationally backward classes. The 102nd Amendment Act of 2018 enlarged the scope of functions of the NCBC to safeguard the interests of SEBCs more effectively. **Composition:** Chairperson + Vice-Chairperson + 3 other members = 5 members. Appointed by the President by warrant under his hand and seal. Conditions of service and tenure determined by the President (under Rules: three-year term). **Functions:** - Investigate and monitor all matters relating to constitutional and other legal safeguards for socially and educationally backward classes; evaluate their working - Inquire into specific complaints regarding deprivation of rights and safeguards - Participate and advise on socio-economic development of backward classes; evaluate progress - Present annual reports to the President - Recommend measures to Union or states for effective implementation of safeguards and for protection, welfare and socio-economic development - Discharge other functions as specified by the President **Powers:** Same civil court powers — summoning, documents, affidavits, public records, summons. **Reporting:** Annual reports to President; President places before Parliament with memorandum. Reports for states forwarded to concerned state government; state places before legislature. **Consultation:** Central and state governments must consult the Commission on all major policy matters affecting socially and educationally backward classes. **Presidential Powers on Classification:** The 102nd Amendment Act of 2018 empowered the President to specify the socially and educationally backward classes in relation to a state or union territory. In case of a state, the President issues the notification after consultation with the governor of the state concerned. However, any inclusion in or exclusion from the Central List of socially and educationally backward classes can be done only by the Parliament and not by a subsequent Presidential notification.