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Article 338A Of Indian Constitution In English
Article 338A – National Commission for Scheduled Tribes.
(1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for Scheduled Tribes.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairman and three other members and the terms of service and term of office of the Chairperson, Vice-Chairman and others. The members so appointed shall be such as the President may by rule determine.
(3) The Chairman, Vice-Chairman 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 safeguards provided for the Scheduled Tribes under this Constitution or under any other law or under any order of the Government and to evaluate the working of such safeguards;
(b) to inquire into specific complaints regarding deprivation of rights and safeguards of the Scheduled Tribes;
(c) to participate in and advise the planning process of the socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State;
(d) report on the working of those safeguards to be submitted annually and at such other times to the President as the Commission may deem fit;
(e) to make recommendations in such reports 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, direct.
(6) The President shall cause all such reports to be laid before each House of Parliament together with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the rejection, if any. of any such recommendation
(7) Where any such report, or any part thereof, relates to any matter to which the Government of a State relates, a copy of such report shall be sent to the Governor of the State, who shall cause it to be laid before the Legislature of the State. State with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons, if any, for the rejection of any such recommendation.
(8) The Commission, while inquiring into any matter referred to in sub-section (a) or inquiring into any complaint referred to in sub-section (b) of clause (5), is examining all the powers of a civil court. Is. in relation to the suit and in particular to the following matters, namely:-
(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;
(b) the need for 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 each State Government shall consult the Commission on all major policy matters affecting the Scheduled Tribes.
Article 338A In English
338A Article – National Commission for Scheduled Tribes.
(1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for Scheduled Tribes.
(2) Subject to the provisions of any law made by Parliament in this behalf, the Commission shall consist of a Chairperson, Vice-Chairman and three other members and the terms and conditions of service and term of office of the Chairperson, Vice-Chairman and others. , The members so appointed shall be such as the President may by rule determine.
(3) The Chairman, Vice-Chairman 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 safeguards provided for the Scheduled Tribes under this Constitution or under any other law or under any order of the Government and to evaluate the working of such safeguards;
(b) to inquire into specific complaints regarding deprivation of rights and safeguards of the Scheduled Tribes;
(c) to participate in and advise the planning process of the socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State;
(d) a report of the working of such safeguard measures to be submitted annually and at such other times to the President as the Commission may deem fit;
(e) to make recommendations in such reports as to the measures to 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 direct.
(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 rejection, if any. of any such recommendation
(7) Where any such report, or any part thereof, relates to any matter to which the Government of a State relates, a copy of such report shall be sent to the Governor of the State, who shall cause it to be laid before the State Government. State Legislature. State with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons, if any, for the rejection of any such recommendation.
(8) The Commission, while inquiring into any matter referred to in sub-section (a) or inquiring into any complaint referred to in sub-section (b) of clause (5), shall have all powers of a civil court Used to be. Is. in relation to the suit, and in particular with respect to the following matters, namely:-
(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;
(b) the discovery and production of any document required;
(c) receiving evidence on affidavit;
(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 each State Government shall consult the Commission on all major policy matters affecting the Scheduled Tribes.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 338A Of Indian Constitution?
In Article 338A you see “National Commission for Scheduled Tribes” that means (1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for Scheduled Tribes.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairman and three other members and the terms of service and term of office of the Chairperson, Vice-Chairman and others. The members so appointed shall be such as the President may by rule determine, more above.
Article 338A Debate Summary
This Article was introduced in the Constitution in 2003 and therefore was not discussed in the Constituent Assembly.
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