Part XVI: Special Provisions Relating to Certain Classes

Article 338: National Commission for Scheduled Castes

Original Article:

(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.

(5) It shall be the duty of the Commission—

• To investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under this Constitution or under any other law.
• To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes.
• To participate in and advise on the planning process of socio-economic development of the Scheduled Castes and to evaluate their progress.
• To present to the President, annually or at other times, reports upon the working of those safeguards.
• To make recommendations for effective implementation of those safeguards and other measures for their protection and welfare.

Explanations:

Article 338 establishes the National Commission for Scheduled Castes, empowering it to investigate and safeguard their rights. The Commission acts as an advisory and monitoring body, ensuring that Scheduled Castes benefit from constitutional safeguards.

Clause-by-Clause Explanation:

Clause (1): Establishment of the Commission

The NCSC was formally established as a constitutional body to exclusively focus on the issues faced by Scheduled Castes, ensuring representation and monitoring of their rights and welfare.

Clause (2): Composition of the Commission

The Commission comprises a Chairperson, Vice-Chairperson, and three other Members, with their terms and conditions determined by the President, ensuring a structured and hierarchical body for effective functioning.

Clause (3): Appointment Procedure

Appointments to the Commission are made by the President under his warrant and seal, ensuring high-level oversight and accountability.

Clause (4): Autonomy in Procedures

The Commission has the authority to regulate its own procedures, allowing flexibility to address specific issues effectively.

Clause (5): Duties and Responsibilities

• Monitoring Safeguards: Investigates and evaluates the implementation of safeguards for Scheduled Castes under the Constitution and other laws.
• Inquiry into Complaints: Addresses specific grievances related to the violation of Scheduled Castes' rights.
• Socio-Economic Development: Advises on planning and evaluates progress in the socio-economic upliftment of Scheduled Castes.
• Reporting: Submits reports to the President detailing the implementation and challenges of safeguards, along with actionable recommendations.

Clause (6): Presentation of Reports

Reports submitted by the Commission are presented in Parliament along with an explanation of the actions taken, ensuring transparency and accountability in addressing Scheduled Castes' concerns.

Clause (8): Powers of a Civil Court

The Commission is vested with civil court powers for summoning individuals, examining witnesses, and requisitioning documents, enabling thorough investigations.

Amendments:

Constitution (Eighty-ninth Amendment) Act, 2003: This amendment bifurcated the National Commission for Scheduled Castes and Scheduled Tribes into two separate entities, allowing for focused attention on each community's specific needs.

Constitution (Sixty-fifth Amendment) Act, 1990: Expanded the Commission's powers and duties, reflecting the evolving commitment to Scheduled Castes' welfare.

Historical Significance:

The establishment of the NCSC signifies India's dedication to social justice and equity. By creating a constitutional body, the government ensured sustained efforts toward protecting the rights and improving the socio-economic conditions of Scheduled Castes.