THE CONSTITUTION (SIXTY-FIFTH AMENDMENT) ACT, 1990
SECTION OF: 1-4
SIXTY-FIFTH AMENDMENT
Statement of Objects and Reasons appended to the Constitution(Sixty-eighth Amendment) Bill, 1990 which was enacted asTHE CONSTITUTION (Sixty-fifth Amendment) Act, 1990
STATEMENT OF OBJECTS AND REASONS
Article 338 of the Constitution provides for a Special Officer for theScheduled Castes and Scheduled Tribes to investigate all mattersrelating to the safeguards provided for the Scheduled Castes andScheduled Tribes under the Constitution and to report to the Presidenton their working. It is felt that a high level five-member Commissionunder article 338 will be a more effective arrangement in respect ofthe constitutional safeguards for Scheduled Castes and ScheduledTribes than a single Special Officer as at present. It is also feltthat it is necessary to elaborate the functions of the said Commissionso as to cover measures that should be taken by the Union or any Statefor the effective implementation of those safeguards and othermeasures for the protection, welfare and socio-economic development ofthe Scheduled Castes and Scheduled Tribes and to entrust to theCommission such other functions in relation to the protection, welfareand development and advancement of the Scheduled Castes and ScheduledTribes as the President may, subject to any law made by Parliament, byrule specify. It is also felt that the reports of the saidCommission shall be laid before Parliament and the Legislatures of theStates.
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 ofIndia as follows:-
1. Short title and commencement.-(1) This Act may be called theConstitution (Sixty-fifth Amendment) Act, 1990.
(2) It shall come into force on such date_677 as the CentralGovernment 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 besubstituted, namely:-
"National Commission for Scheduled Castes and Scheduled Tribes.";
(b) for clauses (1) and (2), the following clauses shall besubstituted, namely:-
"(1) There shall be a Commission for the Scheduled Castes andScheduled Tribes to be known as the National Commission for theScheduled Castes and Scheduled Tribes.
(2) Subject to the provisions of any law made in this behalf byParliament, the Commission shall consist of a Chairperson,Vice-Chairperson and five other Members and the conditions of serviceand tenure of office of the Chairperson, Vice-Chairperson and otherMembers so appointed shall be such as the President may by ruledetermine.
(3) The Chairperson, Vice-Chairperson and other Members of theCommission shall be appointed by the President by warrant under hishand 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 safeguardsprovided for the Scheduled Castes and Scheduled Tribes under thisConstitution or under any other law for the time being in force orunder any order of the Government and to evaluate the working of suchsafeguards;
(b) to inquire into specific complaints with respect to thedeprivation of rights and safeguards of the Scheduled Castes andScheduled Tribes;
(c) to participate and advise on the planning process ofsocio-economic development of the Scheduled Castes and ScheduledTribes and to evaluate the progress of their development under theUnion and any State;
(d) to present to the President, annually and at such other times asthe Commission may deem fit, reports upon the working of thosesafeguards;
(e) to make in such reports recommendations as to the measures thatshould be taken by the Union or any State for the effectiveimplementation of those safeguards and other measures for theprotection, welfare and socio-economic development of the ScheduledCastes and Scheduled Tribes; and
(f) to discharge such other functions in relation to the protection,welfare and development and advancement of the Scheduled Castes andScheduled Tribes as the President may, subject to the provisions ofany law made by Parliament, by rule specify.
(6) The President shall cause all such reports to be laid before eachHouse of Parliament along with a memorandum explaining the actiontaken or proposed to be taken on the recommendations relating to theUnion and the reasons for the non-acceptance, if any, of any of suchrecommendations.
(7) Where any such report, or any part thereof, relates to any matterwith which any State Government is concerned, a copy of such reportshall be forwarded to the Governor of the State who shall cause it tobe laid before the Legislature of the State along with a memorandumexplaining the action taken or proposed to be taken on therecommendations relating to the State and the reasons for thenon-acceptance, if any, of any of such recommendations.
(8) The Commission shall, while investigating any matter referred toin sub-clause (a) or inquiring into any complaint referred to insub-clause (b) of clause (5), have all the powers of a civil courttrying a suit and in particular in respect of the following matters,namely:-
(a) summoning and enforcing the attendance of any person from any partof 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 oroffice;
(e) issuing commissions for the examination of witnesses anddocuments;
(f) any other matter which the President may, by rule, determine.
(9) The Union and every State Government shall consult the Commissionon all major policy matters affecting Scheduled Castes and ScheduledTribes.";
(c) existing clause (3) shall be renumbered as clause (10).
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