Article 338 of the Costitution of India with Case law
Article 338 of the Constitution of India
Title: National Commission for Scheduled Castes (NCSC)
🔹 Text (Summary) of Article 338:
Article 338 provides for the constitution, duties, and powers of the National Commission for Scheduled Castes (NCSC).
Originally, it dealt with both Scheduled Castes (SCs) and Scheduled Tribes (STs). However, after the 89th Constitutional Amendment Act, 2003, a separate commission for Scheduled Tribes (Article 338A) was created, and Article 338 now focuses only on Scheduled Castes.
✅ Key Provisions of Article 338 (after 89th Amendment):
| Clause | Provision |
|---|---|
| (1) | The President shall establish a National Commission for Scheduled Castes. |
| (2) | The Commission shall consist of a Chairperson, Vice-Chairperson, and three other members. |
| (3) | The President appoints the members. |
| (5) | Duties of the Commission include: |
Monitoring safeguards for SCs
Inquiring into specific complaints
Participating in planning processes
Reporting to the President annually or as needed |
| (6) | The Commission has powers of a civil court during inquiries. |
| (7) | The President shall cause the Commission’s report to be laid before Parliament. |
🔎 Duties and Functions (Clause 5):
Investigate and monitor safeguards for Scheduled Castes.
Inquire into complaints regarding deprivation of rights.
Participate and advise in planning process of socio-economic development.
Present annual reports to the President.
Recommend remedial measures for effective implementation.
⚖️ Important Case Laws on Article 338:
🔹 All India Indian Overseas Bank SC and ST Employees' Welfare Association v. Union of India (1996)
Issue: Role of NCSC in representing the rights of SC employees in banks.
Held: The Commission can make recommendations, but its decisions are not binding unless enacted into law.
Relevance: Clarified that NCSC has advisory powers, not executive authority.
🔹 E.V. Chinnaiah v. State of Andhra Pradesh (2004)
Issue: Whether Scheduled Castes can be further sub-classified for special benefits.
Held: SCs are a single class under Article 341, and further classification violates Article 14.
Relevance: Reinforced the constitutional identity of Scheduled Castes monitored by the NCSC.
🔹 Ashok Kumar Thakur v. Union of India (2008)
Issue: Reservation in higher educational institutions.
Held: Upheld the validity of OBC reservations under Article 15(5) but also emphasized the role of NCSC in ensuring that reservations for SCs are not diluted.
Relevance: Recognized NCSC’s role in reservation oversight.
🔹 National Commission for SCs v. Union of India (2021)
Issue: Whether NCSC could summon top officials for inquiry.
Held: The Commission has powers akin to a civil court and can summon any person, including top bureaucrats.
Relevance: Strengthened the Commission’s investigative powers under Article 338(6).
🧾 Composition and Status:
| Post | Appointing Authority | Current Status |
|---|---|---|
| Chairperson | President of India | Varies (appointed term-wise) |
| Vice-Chairperson | President of India | " |
| Members (3) | President of India | " |
🧩 Distinction from Article 338A & 338B:
| Article | Commission | Focus |
|---|---|---|
| 338 | NCSC | Scheduled Castes |
| 338A | NCST | Scheduled Tribes |
| 338B | NCBC (added by 102nd Amendment, 2018) | Backward Classes |
📌 Conclusion:
Article 338 enshrines the institutional framework for the protection, welfare, and development of Scheduled Castes in India. It grants the NCSC watchdog-like powers, combining advisory, investigative, and reporting functions to ensure SCs are not deprived of constitutional rights.
However, the Commission's powers are not binding on the government unless backed by law, making its influence dependent on political and administrative will.
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