Article 338

Background and evolution

At independence, Article 338 provided for a Special Officer appointed by the President to investigate safeguards for SCs and STs and report annually. The first Commissioner was L. M. Shrikant, appointed in 1950. Over time, the government also set up a non-statutory commission in 1978, and critics argued a single officer could not cover the vast issues facing these communities. The 65th Amendment of 1990 replaced the Special Officer with a National Commission for SCs and STs. The 89th Amendment of 2003 split this into two: the National Commission for Scheduled Castes under Article 338 and the National Commission for Scheduled Tribes under new Article 338A, which took effect in 2004.

The welfare lesson covers SC/ST schemes and laws broadly; this page focuses on the commission's constitutional design and functioning.

Key features and provisions

• Composition: Chairperson, Vice-Chairperson and three other members appointed by the President by warrant under hand and seal; conditions of service are set by the President.
• Functions: investigate and monitor safeguards; inquire into specific complaints; advise on planning for SC development; evaluate progress; report to the President annually and at other times.
• Reports: the President lays reports before Parliament with a memorandum on action taken; reports relating to a state go to the Governor.
• Civil court powers: summoning persons, requiring documents, receiving evidence on affidavit and requisitioning public records.
• Consultation: the Union and states must consult the commission on major policy matters affecting SCs.
• Anglo-Indians: Article 338(10) originally extended functions to OBCs and Anglo-Indians; OBCs were removed after the 102nd Amendment created Article 338B.