Article 338 of the Indian Constitution deals with the establishment and functions of the National Commission for Scheduled Castes (NCSC). This constitutional body is tasked with safeguarding the interests of Scheduled Castes (SCs) and ensuring their socio-economic development. The article outlines the composition, powers, and functions of the commission, granting it significant authority to investigate grievances and recommend measures for the protection and welfare of the SC community.
Original Text
338. National Commission for Scheduled Castes
(1) There shall be a Commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.
(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.
(4) The Commission shall have the power to regulate its own procedure.
(5) It shall be the duty of the Commission—
(a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes;
(c) to participate and advise on the planning process of socio-economic development of the Scheduled Castes and to evaluate the progress of their development under the Union and any State;
(d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
(e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes;
(f) to discharge such other functions in relation to the protection, welfare, development and advancement of the Scheduled Castes as the President may, subject to the provisions of any law made by Parliament, specify.
(6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.
(7) Where any such report, or any part thereof, relates to any matter with which a State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.
(8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses and documents;
(f) any other matter which the President may, by rule, determine.
(9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes.
(10) In this article, reference to Scheduled Castes shall be construed as including reference to such other backward classes as the president, subject to the provisions of any law made by Parliament, may specify on receipt of the report of a Commission appointed under clause (1) of Article 340.
Detailed Explanation
Article 338 provides for the establishment of the National Commission for Scheduled Castes (NCSC) as a constitutional body dedicated to safeguarding the interests of the Scheduled Castes. The article outlines the composition of the commission, its powers, and its functions. It mandates the President to appoint the Chairperson, Vice-Chairperson, and other members, determining their conditions of service and tenure.
The core function of the NCSC is to monitor and investigate matters related to the safeguards provided to Scheduled Castes under the Constitution, other laws, and government orders. It also has the power to inquire into specific complaints of rights deprivation. Crucially, the Commission participates in and advises on the socio-economic development planning for SCs, evaluating the progress made at both the Union and State levels.
The NCSC presents annual reports to the President, who then lays them before Parliament, along with action-taken reports and explanations for non-acceptance of recommendations. Similar processes are followed at the State level, involving the Governor and the State Legislature. The Commission has the powers of a civil court, including summoning witnesses, requiring document production, and receiving evidence on affidavits, to effectively carry out its functions. It also mandates that the Union and State governments consult the NCSC on all major policy matters affecting Scheduled Castes.
Clause 10 originally encompassed Scheduled Tribes, but the 89th Constitutional Amendment Act, 2003, bifurcated the commission into the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST), with Article 338A dedicated to the latter.
Detailed Notes
-
Establishment:
- Article 338 establishes the National Commission for Scheduled Castes (NCSC).
-
Composition:
- Consists of a Chairperson, Vice-Chairperson, and three other members.
- Appointed by the President via warrant under his hand and seal.
- Conditions of service and tenure are determined by the President.
-
Functions:
- Monitoring and Investigation: Investigates and monitors all matters relating to safeguards provided to Scheduled Castes.
- Complaint Inquiry: Inquires into specific complaints regarding the deprivation of rights and safeguards.
- Development Planning: Participates and advises on socio-economic development planning for Scheduled Castes. Evaluates the progress of their development.
- Reporting: Presents annual reports to the President on the working of safeguards.
- Recommendations: Makes recommendations for effective implementation of safeguards and other measures for the protection, welfare, and socio-economic development of Scheduled Castes.
- Other Functions: Discharges other functions related to the protection, welfare, development, and advancement of Scheduled Castes as specified by the President.
-
Reporting Mechanism:
- The President lays the Commission’s reports before each House of Parliament.
- The reports are accompanied by a memorandum explaining the action taken or proposed to be taken on the recommendations.
- Reasons for non-acceptance of any recommendations must also be provided.
- For matters concerning State Governments, the report is forwarded to the Governor, who lays it before the State Legislature with a similar memorandum.
-
Powers of a Civil Court:
- While investigating or inquiring, the Commission has all the powers of a civil court, including:
- Summoning and enforcing attendance of any person.
- Requiring the discovery and production of documents.
- Receiving evidence on affidavits.
- Requisitioning public records.
- Issuing commissions for examination of witnesses and documents.
- While investigating or inquiring, the Commission has all the powers of a civil court, including:
-
Consultation:
- The Union and every State Government must consult the Commission on all major policy matters affecting Scheduled Castes.
-
Definition:
- Reference to Scheduled Castes includes reference to such other backward classes as the President may specify based on the report of a Commission appointed under Article 340(1).
-
Amendment:
- The 89th Constitutional Amendment Act, 2003, bifurcated the original commission into two: the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST), establishing Article 338A for the latter.
Additional Comments
- The establishment of the NCSC under Article 338 reflects the commitment of the Indian Constitution to protect and promote the interests of marginalized communities.
- The powers of a civil court granted to the NCSC enhance its effectiveness in investigating complaints and safeguarding the rights of Scheduled Castes.
- The mandatory consultation with the NCSC on major policy matters ensures that the concerns of Scheduled Castes are taken into account in the decision-making process.
- The bifurcation of the original commission into separate bodies for SCs and STs underscores the specific needs and challenges faced by each community.
Summary
Article 338 establishes the National Commission for Scheduled Castes (NCSC) to safeguard the interests of Scheduled Castes. The commission consists of a Chairperson, Vice-Chairperson, and three members appointed by the President. Its functions include monitoring safeguards, inquiring into complaints, participating in socio-economic planning, and presenting reports to the President. The NCSC possesses the powers of a civil court and must be consulted on major policy matters affecting Scheduled Castes. The article was later amended to bifurcate the commission, creating a separate body for Scheduled Tribes under Article 338A.