National Commission for Scheduled Castes

The National Commission for Scheduled Castes is a constitutional body that protects the rights and safeguards of Scheduled Castes. Article 338 authorises it to investigate the operation of these safeguards and inquire into complaints concerning their deprivation.

Scope of investigation and inquiry

Under Article 338(5), the Commission has two principal investigative responsibilities.

• It investigates and monitors all matters relating to safeguards provided for Scheduled Castes under the Constitution, any law, or any government order, and evaluates their working.
• It inquires into specific complaints concerning the deprivation of the rights and safeguards of Scheduled Castes.

Powers of a civil court

While conducting such an investigation or inquiry, Article 338(8) vests the Commission with specified powers of a civil court trying a suit.

• It may summon and enforce the attendance of any person from any part of India and examine that person on oath.
• It may require the discovery and production of documents.
• It may receive evidence through affidavits.
• It may requisition any public record, or its copy, from any court or office.
• It may issue commissions for examining witnesses and documents.
• It may exercise any other power that the President determines by rule.

Nature and outcome of these powers

The Commission may regulate its own procedure under Article 338(4). Its civil court powers facilitate evidence collection and fact-finding; after investigation, it submits reports and recommendations to the President, but it does not exercise the adjudicatory jurisdiction of a regular court.