Article 338, and the National Commission for Scheduled Castes

In one line

Article 338 establishes the National Commission for Scheduled Castes, gives it five duties, the powers of a civil court, a report to the President laid before each House with a memorandum, and a right to be consulted on all major policy matters affecting the Scheduled Castes.

The article, clause by clause

338(1): there shall be a Commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes.

338(2): the Commission shall consist of a Chairperson, a Vice-Chairperson and three other Members, and the conditions of service and tenure of office shall be such as the President may by rule determine.

338(3): the Chairperson, Vice-Chairperson and other Members shall be appointed by the President by warrant under his hand and seal.

338(4): the Commission shall have the power to regulate its own procedure.

338(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 the 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 and development and advancement of the Scheduled Castes as the President may, subject to any law made by Parliament, by rule specify.

338(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.

338(7): where any such report or part relates to a matter with which a State Government is concerned, a copy shall be forwarded to the Governor of the State, who shall cause it to be laid before the Legislature of the State with a similar memorandum.