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| What is Article 338 of Indian constitution |
Article 338 of the Indian Constitution deals with the National Commission for Scheduled Castes (SCs).
🧾 Article 338 – National Commission for Scheduled Castes
Purpose:
To safeguard the rights and interests of the Scheduled Castes (SCs) and ensure their welfare and development.
📌 Key Provisions of Article 338:
| Clause | Details |
|---|---|
| (1) | There shall be a National Commission for the Scheduled Castes. |
| (2) | The Commission consists of: - A Chairperson - A Vice-Chairperson - Three other Members |
| (3) | Appointed by the President by warrant under his hand and seal. |
| (4) | Conditions of service and tenure of office are decided by the President. |
| (5) | Duties of the Commission include: (a) Investigating and monitoring safeguards for SCs (b) Inquiring into specific complaints (c) Participating and advising in socio-economic development of SCs (d) Submitting annual or special reports to the President |
| (6) | The President lays the report before Parliament with a memorandum of action taken. |
| (7) | Commission can regulate its own procedure. |
| (8) | Has powers of a civil court for investigation purposes. |
| (9) | The Union and State governments must consult the Commission on planning or socio-economic development of SCs. |
📖 Historical Background:
-
Originally, Article 338 provided for a single commission for SCs and STs.
-
In 2003, via the 89th Constitutional Amendment, it was bifurcated into:
-
Article 338 – National Commission for Scheduled Castes
-
Article 338A – National Commission for Scheduled Tribes
-
✅ Functions Summary:
-
Monitor implementation of SC safeguards.
-
Investigate complaints and injustice.
-
Advise on development plans for SCs.
-
Submit reports to the President.
-
Recommend measures for welfare and protection.
Article 338 of the Indian Constitution deals with the National Commission for Scheduled Castes (SCs).
🧾 Article 338 – National Commission for Scheduled Castes
Purpose:
To safeguard the rights and interests of the Scheduled Castes (SCs) and ensure their welfare and development.
📌 Key Provisions of Article 338:
| Clause | Details |
|---|---|
| (1) | There shall be a National Commission for the Scheduled Castes. |
| (2) | The Commission consists of: - A Chairperson - A Vice-Chairperson - Three other Members |
| (3) | Appointed by the President by warrant under his hand and seal. |
| (4) | Conditions of service and tenure of office are decided by the President. |
| (5) | Duties of the Commission include: (a) Investigating and monitoring safeguards for SCs (b) Inquiring into specific complaints (c) Participating and advising in socio-economic development of SCs (d) Submitting annual or special reports to the President |
| (6) | The President lays the report before Parliament with a memorandum of action taken. |
| (7) | Commission can regulate its own procedure. |
| (8) | Has powers of a civil court for investigation purposes. |
| (9) | The Union and State governments must consult the Commission on planning or socio-economic development of SCs. |
📖 Historical Background:
-
Originally, Article 338 provided for a single commission for SCs and STs.
-
In 2003, via the 89th Constitutional Amendment, it was bifurcated into:
-
Article 338 – National Commission for Scheduled Castes
-
Article 338A – National Commission for Scheduled Tribes
-
✅ Functions Summary:
-
Monitor implementation of SC safeguards.
-
Investigate complaints and injustice.
-
Advise on development plans for SCs.
-
Submit reports to the President.
-
Recommend measures for welfare and protection.
Let me know if you want a comparison between Article 338 and Article 338A.
Here is a comparison chart between Article 338 and Article 338A of the Indian Constitution:
🧾 Comparison: Article 338 vs Article 338A
| Feature | Article 338 | Article 338A |
|---|---|---|
| Commission Name | National Commission for Scheduled Castes (SCs) | National Commission for Scheduled Tribes (STs) |
| Constitutional Basis | Provided under Article 338 | Provided under Article 338A (Inserted by 89th Constitutional Amendment Act, 2003) |
| Purpose | To safeguard the rights of the Scheduled Castes | To safeguard the rights of the Scheduled Tribes |
| Composition | - Chairperson- Vice-Chairperson- 3 Members | - Chairperson- Vice-Chairperson- 3 Members |
| Appointment | By the President of India | By the President of India |
| Tenure & Conditions | Determined by the President | Determined by the President |
| Main Functions | - Monitor safeguards for SCs- Investigate complaints- Advise on development- Present reports to President | - Same functions but focused on STs |
| Reports | Annual/special reports submitted to President (laid before Parliament) | Annual/special reports submitted to President (laid before Parliament) |
| Powers | Civil Court powers for inquiries and investigations | Same Civil Court powers |
| Consultation Required | Union and State Governments must consult the Commission on matters affecting SCs | Same, but with reference to STs |
| Legal Backing | Part of the Constitution since its commencement | Created separately in 2003 to give dedicated focus to STs |
✅ Summary:
-
Both Articles aim to protect and empower historically marginalized communities.
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Article 338 is for Scheduled Castes, while Article 338A is exclusively for Scheduled Tribes.
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Their structure and powers are similar, but their focus groups differ.
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