National Commission for Scheduled Castes: Article 338's Civil Court Powers

The National Commission for Scheduled Castes (NCSC) is a constitutional body under Article 338, and this article's own history contains a fact worth knowing before its composition: the Commission it describes was not always specific to Scheduled Castes alone.

One Commission became two: the 89th Amendment, 2003

Before the 89th Amendment Act, 2003, Article 338 established a single, combined National Commission for Scheduled Castes and Scheduled Tribes. The 2003 Amendment split this into two separate bodies, removing every reference to Scheduled Tribes from Article 338 and inserting a new, parallel Article 338A to cover them instead. A question describing the NCSC and NCST as having "always been separate constitutional commissions" is testing exactly this, since for over a decade after Independence-era codification (the composition rules were themselves last substantially reworked by the 65th Amendment, 1990) they were one body.

Composition

Subject to any law Parliament makes, the Commission consists of a Chairperson, Vice-Chairperson, and three other Members, appointed by the President by warrant under his hand and seal, with their conditions of service and tenure fixed by presidential rule.

Functions and civil-court powers (Article 338(5) and (8))

The Commission's core duties: investigating and monitoring safeguards for Scheduled Castes under the Constitution or any law; inquiring into specific complaints of rights deprivation; advising on the socio-economic development planning process and evaluating its progress; and reporting annually to the President, with recommendations for better implementation. While investigating a matter or a complaint, the Commission has all the powers of a civil court trying a suit: summoning and examining any person under oath, requiring document discovery, receiving affidavit evidence, requisitioning public records, and issuing commissions to examine witnesses or documents.

Reports go to Parliament, and to the states concerned

The President lays every NCSC report before both Houses of Parliament, with a memorandum on action taken (and reasons for not accepting a recommendation, where relevant). Where a report concerns a state matter, a copy goes to that state's Governor, who lays it before the state legislature with a similar memorandum. The Union and every State Government must consult the Commission on all major policy matters affecting Scheduled Castes.

Quick revision points

• Article 338, constitutional body. Before the 89th Amendment, 2003, this article covered a single combined SC and ST Commission; the Amendment split it, creating Article 338A for STs separately.
• Composition: Chairperson + Vice-Chairperson + 3 Members, appointed by the President.
• Civil court powers (Article 338(8)) while investigating or inquiring: summoning witnesses, requiring documents, receiving affidavits, requisitioning records.
• Reports go to Parliament (Union matters) and to the relevant state legislature via the Governor (state matters); consultation on major SC-affecting policy is mandatory for both levels of government.

The 2003 split is this chapter's highest-yield fact precisely because it is easy to assume the two Commissions were always distinct; know the year and which Amendment did it.