THE CONSTITUTION (SIXTY-FIFTH AMENDMENT) ACT 1990

THE CONSTITUTION (SIXTY-FIFTH AMENDMENT) ACT 1990

Statement of Objects and Reasons appended to the Constitution
(Sixty-eighth Amendment) Bill, 1990 which was enacted as
THE CONSTITUTION (Sixty-fifth Amendment) Act, 1990

STATEMENT OF OBJECTS AND REASONS

Article 338 of the Constitution provides for a Special Officer for the
Scheduled Castes and Scheduled Tribes to investigate all matters
relating to the safeguards provided for the Scheduled Castes and
Scheduled Tribes under the Constitution and to report to the President
on their working. It is felt that a high level five-member Commission
under article 338 will be a more effective arrangement in respect of
the constitutional safeguards for Scheduled Castes and Scheduled
Tribes than a single Special Officer as at present. It is also felt
that it is necessary to elaborate the functions of the said Commission
so as to cover 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 Scheduled Tribes and to entrust to the
Commission such other functions in relation to the protection, welfare
and development and advancement of the Scheduled Castes and Scheduled
Tribes as the President may, subject to any law made by Parliament, by
rule specify. It is also felt that the reports of the said
Commission shall be laid before Parliament and the Legislatures of the
States.

2. The Bill seeks to achieve the aforesaid objects.

NEW DELHI; RAM VILAS PASWAN.

The 21st May, 1990.

THE CONSTITUTION (SIXTY-FIFTH AMENDMENT) ACT 1990

[7th June, 1990.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-first Year of the Republic of
India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Sixty-fifth Amendment) Act, 1990.

(2) It shall come into force on such date_677 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Amendment of article 338.-In article 338 of the Constitution,-

(a) for the marginal heading, the following marginal heading shall be
substituted, namely:-

"National Commission for Scheduled Castes and Scheduled Tribes.";

(b) for clauses (1) and (2), the following clauses shall be
substituted, namely:-

"(1) There shall be a Commission for the Scheduled Castes and
Scheduled Tribes to be known as the National Commission for the
Scheduled Castes and 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 five 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 the safeguards
provided for the Scheduled Castes and 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 Castes and
Scheduled Tribes;

(c) to participate and advise on the planning process of
socio-economic development of the Scheduled Castes and 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 socio-economic development of the Scheduled
Castes and Scheduled Tribes; and

(f) to discharge such other functions in relation to the protection,
welfare and development and advancement of the Scheduled Castes and
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 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.

(9) The Union and every State Government shall consult the Commission
on all major policy matters affecting Scheduled Castes and Scheduled
Tribes.";

(c) existing clause (3) shall be renumbered as clause (10).