Skip to main content

Constitution Of India Article 338 - National Commission for Scheduled Castes

 Description

[1](1) There shall be a Commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.

(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.

(4) The Commission shall have the power to regulate its own procedure.

(5) It shall be the duty of the Commission:

[2](a) 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;

[2](b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes;

[2](c) 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;

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

[2](e) 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

[2](f) 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.

(6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.

(7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.

(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 document;

(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.

[2](9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes.

[3](10) In this article, references to the Scheduled Castes shall be construed as including references to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause (1) of article 340, by order specify and also to the Anglo-Indian community.

-----

1. Subs. by s.2, ibid., for clause(1) and (2) (w.e.f. 19-2-2004).

2. Omitted words by s.2, ibid. (w.e.f. 19-2-2004).

3. Clause(3) renumbered as clause(10) by the Constitution (Sixty-fifth Amendment) Act, 1990, s.2 (w.e.f. 12-3-1992).


Labels:

Comments

Post a Comment

Popular posts from this blog

Title: Legal Recourse Against Electronic Harassment, Including V2K: Understanding Options and Rights

  Title: Legal Recourse Against Electronic Harassment, Including V2K: Understanding Options and Rights Electronic harassment, including technologies like Voice-to-Skull (V2K) and other forms of electronic harassment, can inflict significant psychological and emotional harm on individuals. Victims of such harassment often wonder if there are legal avenues available to seek redress and hold perpetrators accountable for their actions. While navigating legal action in cases of electronic harassment can be complex, understanding available options and rights is crucial. Here's a detailed exploration of the possibility of taking legal action against individuals engaged in electronic harassment: Understanding Electronic Harassment (0-7 days) : Electronic harassment encompasses a range of behaviors involving the use of electronic devices or technologies to inflict harm, including V2K, electronic surveillance, cyberstalking, and cyberbullying. V2K, in particular, refers to the transmission o...
22 comments
Read more

The Doctrine of Alternative Danger

  THE DOCTRINE OF ALTERNATIVE DANGER Although the plaintiff is supposed to be cautious in spite of the defendant’s Negligence, there can also be certain situations when the plaintiff is justified in taking some threat where some unsafe state of affairs has been created by way of the defendant. The plaintiff may appear as puzzled or worried through a hazardous state of affairs created via the defendant and to store his man or woman or property, or now and again to store a third party from such danger, he may take a choice risk. The law, therefore, lets in the plaintiff to come across a choice danger to shop by himself from the chance created via the defendant. If the path adopted by him results in some harm to himself, his motion in opposition to the defendant will now not fail. The judgment of the plaintiff, however, is not rash. The position can be defined by means of the case of Jones v . Boyce . In that case, the plaintiff used to be a passenger in the defendant’s train and inst...
22 comments
Read more

How to Change your Name in CBSE Mark sheet or Certificate

How to Change your Name in CBSE Mark sheet or Certificate Table of Contents Conditions for Correction in Name How to apply / Procedure for applying for Change in Name/Correction in Name: Documents / Materials Required for making Changes in your Name Can CBSE deny Students changing Names on Certificates? CBSE class 10 and 12 Marksheet are very important documents for students. During graduation, higher studies, and also even in jobs, these documents play a significant role. In fact, the CBSE class 10 mark sheet is considered a birth certificate. Therefore, any mistakes in these documents will create problems for students in the future. Many students face the complication of name correction in their mark sheets. Either their name is spelled incorrectly or the father’s name or mother’s name is mentioned incorrectly in the mark sheet. Making corrections in the name is a hectic task for students. Some of them get affidavits, others go to the CBSE office to make corrections. Due to the unkno...
3 comments
Read more