65th Constitutional Amendment Act, Background, Provisions, Case Laws

The 65th Constitutional Amendment Act, 1990 was enacted to strengthen the system for protecting the rights and welfare of Scheduled Castes (SCs) and Scheduled Tribes (STs) in India. It made changes to Article 338 and established a stronger institutional mechanism to monitor the safeguards provided to these communities under the Constitution. From a UPSC perspective, the amendment is important because it improved the constitutional framework for the protection of SCs and STs.

65th Constitutional Amendment Act Background

• The Constitution of India originally provided for a Special Officer under Article 338 to look into the safeguards for Scheduled Castes (SCs) and Scheduled Tribes (STs). This officer was responsible for investigating issues related to their rights and reporting to the President of India.
• However, over time it was felt that a single officer was not enough to effectively monitor the large number of issues related to the protection and development of SCs and STs across the country. There was a need for a stronger and more organized institutional body.
• Therefore, the 65th Constitutional Amendment was introduced to replace the Special Officer with a multi-member commission, known as the National Commission for Scheduled Castes and Scheduled Tribes, to better protect and promote the interests of these communities.

65th Constitutional Amendment Act Key Provisions

The 65th Constitutional Amendment made important changes to Article 338 of the Constitution to strengthen the protection of Scheduled Castes (SCs) and Scheduled Tribes (STs).

• Establishment of a National Commission: The amendment created the National Commission for Scheduled Castes and Scheduled Tribes. It replaced the earlier system of a single Special Officer with a multi-member commission.
• Composition of the Commission: The Commission consists of a Chairperson, a Vice-Chairperson, and five other members. They are appointed by the President of India.
• Functions of the Commission
  • • The Commission was given several responsibilities, such as:
    • Monitoring the constitutional safeguards provided to SCs and STs.
    • Investigating complaints related to the violation of their rights.
    • Advising the government on policies and development programs for these communities.
    • Reporting to the President about the implementation of safeguards and welfare measures.
• Reporting to Parliament: The reports submitted by the Commission are presented before Parliament of India, along with the actions taken by the government on its recommendations.
• Powers of the Commission: While investigating complaints, the Commission has powers similar to a civil court, such as summoning people, examining evidence, and asking for documents.
• Consultation with the Commission: The Union and State Governments are required to consult the Commission on important policy matters affecting Scheduled Castes and Scheduled Tribes.
• Later, the Constitution (Eighty-ninth Amendment) Act, 2003 divided this body into two separate commissions. This step was taken to provide more focused attention and better protection of the rights and development of both communities.
  • National Commission for Scheduled Castes

• • National Commission for Scheduled Tribes

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65th Constitutional Amendment Act Case Laws

The 65th Constitutional Amendment Act, 1990 gave constitutional status to the National Commission for Scheduled Castes and Scheduled Tribes by amending Article 338. Several court cases have highlighted the role of the Commission and the constitutional safeguards for Scheduled Castes (SCs) and Scheduled Tribes (STs).

• B. Narayana v. Government of Andhra Pradesh (1997): This case dealt with the unequal distribution of reservation benefits among different SC communities in Andhra Pradesh. It emphasized the role of the Commission in examining such issues and making recommendations to the government.
• M. Nagaraj v. Union of India (2006): In this case, the Supreme Court of India discussed reservation policies and reaffirmed the importance of constitutional safeguards for SCs and STs, along with the role of the Commission in protecting their interests.

65th Constitutional Amendment Act Significance

• Strengthened protection of SCs and STs: The amendment improved the system for protecting the rights and safeguards of Scheduled Castes (SCs) and Scheduled Tribes (STs).
• Created a stronger institutional body: It established the National Commission for Scheduled Castes and Scheduled Tribes by amending Article 338, replacing the earlier system of a single Special Officer.
• Better monitoring of safeguards: The Commission was given the responsibility to investigate complaints, monitor constitutional safeguards, and evaluate welfare programs for SCs and STs.
• Improved policy advice to the government: The Commission could advise the government on policies and development programs for these communities.
• Strengthened democratic accountability: By submitting reports to the President of India and Parliament of India, the amendment ensured better oversight of measures taken for the welfare of SCs and STs.