Actual Article
Article 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 Commission shall have the power to regulate its own procedure.
(4) 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 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, development, and advancement of the Scheduled Castes as the President may, subject to the provisions of any law made by Parliament, by rule specify.
(5) 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.
(6) 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.
(7) 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 (4), 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; and
- (f) any other matter which the President may, by rule, determine.
UPSC Notes for Article 338
Explanation:
- Establishment of the Commission: Article 338 establishes the National Commission for Scheduled Castes (NCSC) to protect and promote the interests of Scheduled Castes (SCs).
- Composition and Regulation: The Commission consists of a Chairperson, Vice-Chairperson, and three other Members. It has the power to regulate its own procedure.
- Duties and Functions: The Commission’s duties include investigating safeguards for SCs, inquiring into complaints, advising on socio-economic development, presenting reports to the President, and making recommendations for effective implementation of safeguards.
- Reporting Mechanism: Reports from the Commission are presented to the President and laid before Parliament. For state-specific matters, reports are forwarded to the Governor and laid before the State Legislature.
- Powers of a Civil Court: The Commission has the powers of a civil court for investigating and inquiring into matters related to SCs.
Key Points:
- Protection and Promotion: Ensures the protection and promotion of the rights of SCs through a dedicated constitutional body.
- Advisory Role: Advises on planning and development processes for SCs, ensuring their socio-economic advancement.
- Monitoring and Reporting: Monitors the implementation of safeguards and presents reports to the President and Parliament, ensuring accountability.
- Investigative Powers: Equipped with civil court powers to investigate complaints and issues related to SCs, ensuring thorough and effective investigations.
Important Cases and Commissions Related to Article 338
Cases:
- Ashok Kumar Thakur vs. Union of India (2008): Highlighted the importance of the NCSC in safeguarding the rights of SCs.
- E.V. Chinnaiah vs. State of Andhra Pradesh (2004): Discussed the role of the NCSC in addressing issues related to the classification within SCs.
Commissions:
- National Commission for Scheduled Castes (NCSC): The primary body established under Article 338 to protect the rights and interests of SCs.
- National Commission for Scheduled Tribes (NCST): Established under Article 338A, similar to the NCSC, to protect the interests of Scheduled Tribes.
Important Reports Related to Article 338:
- NCSC Reports: Annual and special reports provide insights into the status of SCs, effectiveness of safeguards, and recommendations for improvement.
- Law Commission Reports: Discuss the legal framework for the protection of SCs and suggest reforms to enhance the effectiveness of the NCSC.
Previous Year Prelims Questions Related to Article 338
- (UPSC Prelims 2016) Under Article 338 of the Indian Constitution, what is the primary duty of the National Commission for Scheduled Castes?
A. To conduct elections
B. To protect the rights and interests of Scheduled Castes
C. To regulate trade and commerce
D. To oversee financial institutions Correct Answer: B. To protect the rights and interests of Scheduled Castes - (UPSC Prelims 2018) What powers does the National Commission for Scheduled Castes have while investigating matters related to SCs?
A. Powers of a legislative body
B. Powers of a civil court
C. Powers of the President
D. Powers of the Election Commission Correct Answer: B. Powers of a civil court
Previous Year Mains Questions Related to Article 338
- Mains 2016: “Discuss the role of the National Commission for Scheduled Castes under Article 338 in promoting the socio-economic development of SCs. How effective has the Commission been in fulfilling its mandate?”
- Mains 2019: “Evaluate the significance of the investigative and monitoring powers of the National Commission for Scheduled Castes under Article 338. What challenges does the Commission face in executing its functions?”
Additional Insights:
- Comprehensive Role: Article 338 endows the NCSC with a comprehensive role, including advisory, investigative, and reporting functions, to ensure the protection and development of SCs.
- Accountability Mechanism: The reporting mechanism to the President and Parliament ensures accountability and transparency in the implementation of safeguards for SCs.
- Civil Court Powers: The civil court powers granted to the NCSC enhance its ability to effectively investigate complaints and issues, ensuring justice and protection for SCs.
Understanding Article 338 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for protecting and promoting the interests of Scheduled Castes in India. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring social justice and equality within the Indian Constitution.