THE CONSTITUTION (EIGHTY-NINTH AMENDMENT) ACT, 2003

[28th September, 2003.]

�
�An Act further to amend the Constitution of India.
�
�BE it enacted by Parliament in the Fifty-fourth Year of the Republic
�of India as� follows:-
�
�
�1. Short title and commencement.- (1) This Act may be called the Constitution
�(Eighty-ninth Amendment) Act, 2003.
�
� (2) It shall come into force on such date 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.";
�
�(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.
�
�3. Insertion of new article 338A. - After article 338 of the Constitution, the
�following article shall be inserted, namely:-
�
�"338A. National Commission for Scheduled Tribes.-(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 socio-economic
�development of the Scheduled Tribes and to evaluate the progress of their
�development under the Union and any State;
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�(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 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 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;
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�(b) requiring the discovery and production of any document;
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�(c) receiving evidence on affidavits;
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�(d) requisitioning any public record or copy thereof from any court or office;
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�(e) issuing commissions for the examination of witnesses and documents;
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�(f) any other matter which the President may, by rule, determine.
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�(9) The Union and every State Government shall consult the Commission on all
�major policy matters affecting Scheduled Tribes.".
�
�
�
�SUBHASH� C.� JAIN,
�
�Secy. to the Govt. of India.