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The Supreme Court Friday has issued notice in a plea seeking appointment of chairperson and other members for a full term in the National Commissions for Scheduled Castes and Scheduled Tribes (NCSC & NCST) in terms of Article 338 & 338A of the Constitution of the Constitution.

A bench comprising CJI SA Bobde, Justice V. Ramasubramaniun & Justice A.S. Bopanna took up the plea filed by the Secretary of Peoples Charioteer Organisation which has averred that that since the above mentioned offices are lying vacant, the commissions have failed to provide any relief in matters relating to the Scheduled Castes and Scheduled Tribes.

The plea further states that the Commission's have failed to publish Annual reports on their developments and workings in terms of the safeguard's which have been put in place for the marginalised communities and while doing so, the petitioner has touched upon Articles 338 and 338A of the Constitution.

While highlighting that the U.P. Commission for SC's & ST's have been lying vacant for over 10 months, the petitioner states that these Commissions have therefore failed to provide any relief in matters relating to these communities.

"The role of the Commissions as Constitutional bodies is pivotal in nature, as they take into account the issues related to SC and ST atrocities and action thereon is taken based on the complaints received. They can also, like the National Human Rights Commission (NHRC), approach the appropriate Court for injunction or mandamus to protect the interests of the SC's and ST's," the plea reads.

It is the case of the petitioners that the headless Commissions have been reduced to paper tigers and are losing their relevance, becoming non-functional and have been reduced to a window-dressing.

On Friday, Advocate Rajesh Inamdar appearing for the petitioner submitted that none of the positions of the National Commissions for Scheduled Castes and Scheduled Tribes have been filled and that the members had not been appointed.

The petitioner has also earmarked that there has allegedly been a rising spate of atrocities against the Dalits, Scheduled Castes and Scheduled Tribes.

"That the latest report of the National Crime Records Bureau (NCRB) is alarming to its core. It records that there were nearly 45,935 crimes against SCs in 2019, showing an increase of 7.3% over 2018, when 42,793 such cases were recorded. At 11,829 cases, Uttar Pradesh recorded the highest number of crimes against SCs in 2019," the plea states.

In this context, the petitioner states that it is utmost necessary and imperative, that this Hon’ble Court may direct the Central and U.P. State Government, to make appointments of the respective Chairmen/Chairpersons and other high-officers in the concerned Commissions, as aforesaid, and further to direct the Central Government and the said Commissions to publish the Annual Reports, within a reasonable time, forthwith.

Case Title: People's Charioteer organisation & Anr. Vs. Union of India & Ors.