The Powers and Functions of the Scheduled Caste and Scheduled Tribe Commissions

In one line

The two Commissions have six duties and the powers of a civil court, they report to the President, their reports are laid with reasons for non-acceptance, and the Union and every State Government must consult them on all major policy matters.

The functions, from clause (5)

Investigation and monitoring. To investigate and monitor all matters relating to the safeguards provided under the Constitution, under any other law for the time being in force, or under any order of the Government, and to evaluate the working of those safeguards.

Three things about that clause. It is not confined to constitutional safeguards; it reaches statutes and executive orders. It is continuous, being investigate and monitor rather than inquire. And it includes evaluation, which is an assessment of effectiveness rather than of compliance.

Complaints. To inquire into specific complaints with respect to the deprivation of rights and safeguards.

Planning. To participate and advise on the planning process of socio-economic development and to evaluate the progress of development under the Union and any State. This is the function no court can perform and no statute otherwise provides, and it is the reason a commission exists rather than a tribunal.

Reporting. To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards.

Recommending. To make in those reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of the safeguards and other measures for the protection, welfare and socio-economic development.

And such other functions in relation to protection, welfare, development and advancement as the President may, subject to any law made by Parliament, by rule specify.

The powers, from clause (8)

While investigating under clause (5)(a) or inquiring under clause (5)(b), the Commission has all the powers of a civil court trying a suit, and in particular in respect of:

summoning and enforcing the attendance of any person from any part of India and examining him on oath;

requiring the discovery and production of any document;

receiving evidence on affidavits;

requisitioning any public record or copy thereof from any court or office;

issuing commissions for the examination of witnesses and documents; and

any other matter which the President may, by rule, determine.

Two observations.

The powers attach to two duties only, investigation and monitoring under (5)(a) and complaints under (5)(b). They do not attach to the planning function in (5)(c), so the Commission advises on planning without the power to compel production of the material it would need.