Article 338 Simplified: National Commission for Scheduled Castes

Official Text

[ [(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 ***; and (f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes ***as the President may, subject to the provisions of any law made by Parliament, by rule 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 any 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, references to the Scheduled Castes *** shall be construed as including references *** to the Anglo-Indian community.

Simple Meaning

Article 338 creates a powerful watchdog called the National Commission for Scheduled Castes. Its job is to investigate any complaints of discrimination or violence against the SC community and to make sure that the laws meant to protect them are actually working. It reports directly to the President every year on the state of SC rights in India.

Explain Like Ten

This rule sets up a special watchdog group (National Commission for Scheduled Castes) whose job is to protect people from Scheduled Castes, make sure they are treated fairly, and investigate if anyone is being discriminated against.

Student Mode

Mandates the constitution of the National Commission for Scheduled Castes (NCSC) under Article 338. The commission consists of a Chairperson, Vice-Chairperson, and three other members appointed by the President. Its key powers include investigating violations of safeguards, advising on socio-economic development, and exercising the powers of a civil court (under Article 338(8)) to summon witnesses, demand documents, and receive evidence on affidavit.

Example

If an SC student is unfairly denied admission to a college, they can file a complaint with this Commission, which will then use its power under Article 338 to investigate.

Key Takeaway

A dedicated national body to protect the rights of Scheduled Castes.

FAQs

What are the judicial powers of the National Commission for Scheduled Castes?

Under Article 338(8), the Commission has all the powers of a civil court while investigating complaints. It can summon witnesses, examine them on oath, require the discovery and production of any document, receive evidence on affidavits, and requisition public records.

How did the NCSC become a separate commission?

Originally, Article 338 provided for a single Special Officer. Later, it was made a joint Commission. In 2003, the 89th Amendment split it into two separate bodies: the National Commission for Scheduled Castes (Article 338) and the National Commission for Scheduled Tribes (Article 338A).

Quiz

Which amendment separated the National Commission for Scheduled Castes and Scheduled Tribes?

Answer: 89th Amendment

Which of the following powers is vested in the National Commission for Scheduled Castes under Article 338(8)?

Answer: Powers of a civil court to summon witnesses

Related Topics

• Article 338A
• Equality