Article 338 of the Indian Constitution deals with the establishment and duties of the National Commission for Scheduled Castes (NC-SC). This constitutional body plays a crucial role in safeguarding the rights and interests of the Scheduled Castes in India. Clause (9) of this Article imposes a specific and important obligation on both the central and state governments, underscoring the significance of consulting the Commission in matters of policy formulation affecting the community.
This provision is a vital component in ensuring that the welfare and upliftment of Scheduled Castes are central to government planning and implementation. By mandating consultation, the Constitution provides a mechanism for the Commission, with its expertise and proximity to the community’s issues, to influence policy decisions at the highest levels.
Original Text
(9) The Union and every State Government shall consult the Commission on all major policy matters affecting the Scheduled Castes.
Detailed Explanation
Article 338(9) mandates a compulsory consultative process between the government (Union and State) and the National Commission for Scheduled Castes (NC-SC). The operative words are “shall consult,” indicating that this is not optional but a required step. This consultation is necessary for “all major policy matters” that have an impact on the Scheduled Castes community.
The purpose of this clause is to ensure that the perspective, knowledge, and concerns of the NC-SC are taken into account when the government is formulating significant policies that are likely to affect the social, economic, educational, or political status of Scheduled Castes. It strengthens the role of the Commission beyond just investigating complaints and monitoring safeguards; it makes the Commission a mandatory stakeholder in the policy-making process itself, for relevant policies.
The term “major policy matters” is not explicitly defined in the Constitution, leaving some scope for interpretation. However, it generally implies significant legislative proposals, executive schemes, or administrative decisions that have a widespread or substantial impact on the Scheduled Castes population, such as policies related to reservations, welfare schemes, land reforms, education, health, or initiatives aimed at preventing atrocities.
While consultation is mandatory, the provision does not explicitly state that the government is bound by the advice or recommendations of the Commission. However, the obligation to consult implies that the government must genuinely seek and consider the views of the Commission before finalizing a policy. Ignoring the Commission’s advice without proper justification could potentially undermine the spirit of this constitutional provision, though the legal implications of such a failure to genuinely consider are subject to interpretation. This clause essentially provides a formal constitutional channel for the NC-SC to influence government policy proactively.
Detailed Notes
- Part of Article 338, which deals with the National Commission for Scheduled Castes (NC-SC).
- Imposes a constitutional duty on governments.
- Applies to both the Union Government (Central Government) and every State Government.
- Requires consultation with the National Commission for Scheduled Castes.
- Consultation is mandatory (“shall consult”).
- Scope of consultation covers “all major policy matters.”
- Policy matters must be those that “affecting the Scheduled Castes.”
- Ensures the NC-SC’s input is considered in significant policy formulation concerning SCs.
- Strengthens the advisory and oversight role of the NC-SC.
- Provides a constitutional mechanism for the Commission to influence decisions relevant to the welfare of SCs.
- The term “major policy matters” is open to interpretation but generally refers to significant decisions/schemes impacting SCs.
- While consultation is mandatory, acceptance of the Commission’s advice is typically not legally binding, but consideration is implied.
Additional Comments
- This clause was introduced by the Constitution (Eighty-ninth Amendment) Act, 2003, which separated the National Commission for Scheduled Castes and Scheduled Tribes into two distinct commissions (Article 338 and Article 338A respectively). A similar consultation clause existed for the combined commission previously.
- The effectiveness of Article 338(9) largely depends on the government’s willingness to genuinely engage with the Commission and the Commission’s capacity to provide timely and effective input.
- Non-compliance with this consultation requirement, while potentially challengeable, often surfaces through the Commission’s annual reports submitted to the President (for the Union) or Governor (for the State), which are then laid before the respective legislatures.
- This clause complements other functions of the Commission listed under Article 338(5), such as investigating matters relating to safeguards, inquiring into specific complaints, and participating in the planning process of socio-economic development of SCs.
Summary
Article 338(9) of the Indian Constitution imposes a constitutional obligation on both the Union and State Governments to consult the National Commission for Scheduled Castes on all significant policies that have an impact on the Scheduled Castes community. This mandatory consultation process is designed to ensure that the Commission’s expert views and concerns are considered during the formulation of major government policies, thereby safeguarding the interests and promoting the welfare of Scheduled Castes. It serves as a vital mechanism for the Commission to proactively influence governmental decisions concerning the community it is constitutionally mandated to protect.