The Other Statutory Commissions

In one line

Beside the human rights commissions India has constitutional commissions for the Scheduled Castes under article 338 and the Scheduled Tribes under article 338A, and statutory commissions for women, minorities, backward classes, child rights and a Chief Commissioner for Persons with Disabilities.

The constitutional commissions

Article 338: the National Commission for Scheduled Castes

There shall be a Commission for the Scheduled Castes, consisting of a Chairperson, Vice-Chairperson and three other Members, appointed by the President by warrant under his hand and seal.

Its duties include investigating and monitoring all matters relating to the safeguards provided for the Scheduled Castes under the Constitution or any law or order, inquiring into specific complaints with respect to the deprivation of rights and safeguards, participating in and advising on planning of socio-economic development, presenting to the President annual and other reports on the working of those safeguards, and making recommendations.

Its powers. While investigating any matter or inquiring into any complaint, the Commission has all the powers of a civil court trying a suit, including summoning and enforcing attendance and examining on oath, requiring discovery and production of documents, receiving evidence on affidavits, requisitioning public records and issuing commissions.

Its reports. The President causes them to be laid before each House of Parliament, along with a memorandum explaining the action taken and the reasons for the non-acceptance of any recommendations.

Note that this is the same reporting formula as section 20(2) of the 1993 Act, and it is the constitutional original from which the statutory version is drawn.

And note the consultation obligation. The Union and every State Government shall consult the Commission on all major policy matters affecting the Scheduled Castes.

Article 338A: the National Commission for Scheduled Tribes

Created by the Eighty-ninth Amendment, dividing the earlier joint commission in two, with the same composition, duties, powers and reporting obligations in relation to the Scheduled Tribes.

The statutory commissions

The National Commission for Women, constituted under the National Commission for Women Act 1990.

The National Commission for Minorities, under the National Commission for Minorities Act 1992.

The National Commission for Backward Classes, under the National Commission for Backward Classes Act 1993, and now also carrying a constitutional footing.

The National Commission for Protection of Child Rights, under the Commissions for Protection of Child Rights Act 2005, which [The Child Rights Commissions] takes.

And the Chief Commissioner for Persons with Disabilities, under section 74(1) of the Rights of Persons with Disabilities Act 2016.

All five chairpersons, with those of the Scheduled Castes and Scheduled Tribes commissions, are deemed Members of the National Human Rights Commission under section 3(3) for the functions in clauses (b) to (j) of section 12.