Advocatetanmoy Law Library
89. The Constitution (Eighty-ninth Amendment) Act, 2003-It shall come into force on such date as
the Central Government may, by notification in the Official Gazette, appoint.
In Article 338 of the Constitution, – (a) for the marginal heading, the following marginal heading
shall be substituted, namely :
“National Commission for : Scheduled Castes”; India_2018_Google: E published on Google
(b) for clauses (1) and (2), the following clauses shall be substituted, namely:
“(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”;
(c) in clauses (5), (9) and (10), the words “and Scheduled Tribes”, wherever they occur, shall be
omitted.
After Article 338 of the Constitution, the following article shall be inserted, namely:
“338A. (1) There shall be a Commission for the Scheduled Tribes to be known as the National
Commission for the Scheduled Tribes.
(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 – (a) to investigate and monitor all matters relating to
the safeguards provided for the Scheduled Tribes 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; (b) to inquire into specific complaints with respect to the deprivation of rights and
safeguards of the Scheduled Tribes; (c) to participate and advise on the planning process of socioeconomic
development of the Scheduled Tribes 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; (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 socioeconomic
development of the Scheduled Tribes; and (f) to discharge such other functions in relation
to the protection, welfare and development and advancement of the Scheduled Tribes 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 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.
(9) The Union and every State Government shall consult the Commission on all major policy
matters affecting Scheduled Tribes”.
