NATIONAL COMMISSION FOR SCHEDULE CASTE

June 26, 2021

The National Commission for Scheduled Castes is an Indian constitutional body under the jurisdiction of Ministry of Social Justice and Empowerment , Government of India established with a view to provide safeguards against the exploitation of Scheduled Castes and Anglo Indian communities to promote and protect their social, educational, economic and cultural interests, special provisions were made in the Constitution.^[1] Article 338 of the Indian constitution deals with National Commission for Scheduled Castes. Article 338 A deals with National Commission for Scheduled tribes.

Functions and Duties of the Commission

The functions, duties and power of the Commission have been laid down in clauses(5), (8) and (9) of the Article 338 of the Constitution.

Clause (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 for the time being in force or under any order of the Government and to evaluate the working of such safeguards;

to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes;

this is 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;

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

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

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 the provisions of any law made by Parliament, by the rule specify.

Clause (8) – 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 (5), 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 documents;

(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;

(f) any other matter which the President may by rule, determine;

Clause (9)- The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes

Power of the Commission to act as a Civil Court

While investigating any matter referred to in sub-clause (a) or inquiring into specific complaints under sub-clause (b) of the clause (5) of Article 338(A) of the Constitution, the Commission shall have the powers of a Civil Court trying a suit and in particular in respect of the following matters:

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 of any public record or copy thereof from any court of office.
Issuing commissions for the examination of witnesses the documents.
Any other matter which the President may, by rule, determine.

RULES OF PROCEDURE OF THE NATIONAL COMMISSION FOR SCHEDULED CASTES

Constitutional Provisions :- The duties of the Commission as laid down in the Article 338(5) of the Constitution are:
to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under the Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes;
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;
to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
to make in such report 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
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 the provisions of any law made by Parliament, by rule specify.

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June 26, 2021