Article 337 and Article 338 of the Constitution of India
Article 337 deals with the transitional constitutional protection concerning educational grants for the benefit of the Anglo-Indian community. Article 338, in its present form, establishes the National Commission for Scheduled Castes and sets out its composition, duties, reporting functions, powers and consultation role.
Article 337 - Special provision with respect to educational grants for the benefit of the Anglo-Indian community
Article 337 formed part of the special constitutional arrangements made for certain classes at the commencement of the Constitution. It protected, for a limited transitional period, educational grants that had been made for the benefit of the Anglo-Indian community.
During the first three financial years after commencement of the Constitution, the Union and each State were to make the same educational grants, if any, for the benefit of the Anglo-Indian community as had been made in the financial year ending 31 March 1948.
For each succeeding period of three years, those grants could be reduced by ten per cent from the immediately preceding three-year period. The Constitution further provided that, after ten years from its commencement, such grants would cease to the extent that they constituted a special concession to the Anglo-Indian community.
An educational institution could not receive a grant under Article 337 unless at least forty per cent of its annual admissions were made available to members of communities other than the Anglo-Indian community.
Present relevance of Article 337
The special grant arrangement in Article 337 was expressly transitional. Because the Constitution commenced on 26 January 1950 and the provision itself fixed a ten-year end point for the special concession, the operative transitional grant protection has long since run its course. Article 337 nevertheless remains part of the constitutional text and is relevant to the historical framework of safeguards for the Anglo-Indian community.
Article 338 - National Commission for Scheduled Castes
Article 338 currently provides for a constitutional body known as the National Commission for Scheduled Castes (NCSC). The older Special Officer formulation reproduced on many historical pages is not the present constitutional position.
Composition and appointment
The Commission consists of a Chairperson, a Vice-Chairperson and three other Members. The Chairperson, Vice-Chairperson and Members are appointed by the President by warrant under his hand and seal. Their conditions of service and tenure are governed in accordance with Article 338 and the applicable rules.
Main duties under Article 338
The constitutional duties of the NCSC include investigating and monitoring safeguards provided for Scheduled Castes; inquiring into specific complaints concerning deprivation of their rights and safeguards; participating and advising in the planning process for their socio-economic development; evaluating development progress; reporting to the President; recommending measures for effective implementation of safeguards; and performing other specified functions relating to their protection, welfare, development and advancement.
Reports of the Commission are to be placed before Parliament. Where a report or part of it concerns a State Government, the constitutional mechanism also provides for its consideration at the State level together with information concerning action taken or proposed on the recommendations.
Civil court powers
While investigating specified matters or inquiring into complaints, the Commission has powers of a civil court in matters identified by Article 338, including summoning and enforcing attendance, requiring discovery and production of documents, receiving evidence on affidavits, requisitioning public records and issuing commissions for examination of witnesses and documents.
Consultation on major policy matters
Article 338 also requires the Union and every State Government to consult the Commission on major policy matters affecting Scheduled Castes.
Anglo-Indian community in Article 338
Clause (10) of Article 338 provides that references to Scheduled Castes in that Article are to be construed as including references to the Anglo-Indian community. The present text no longer includes Scheduled Tribes within Article 338 because a separate constitutional commission for Scheduled Tribes is provided under Article 338A.
Scheduled Tribes are covered separately by Article 338A
The Constitution (Eighty-ninth Amendment) Act, 2003 separated the institutional arrangements for Scheduled Castes and Scheduled Tribes. With effect from 19 February 2004, Article 338 deals with the National Commission for Scheduled Castes, while Article 338A provides for the National Commission for Scheduled Tribes.
This distinction is important when reading older versions of Article 338, which may still refer jointly to Scheduled Castes and Scheduled Tribes.
Official constitutional resources
For the authoritative and updated constitutional text, readers should refer to the Legislative Department, Ministry of Law and Justice. Information concerning the constitutional commissions is also available from the official websites of the National Commission for Scheduled Castes and National Commission for Scheduled Tribes.