Since you have provided only the title "Article 338A in Constitution of India" and the information that it is related to the "Constitution Article" and dated "26 January 1950", I cannot provide a case summary in the format you requested. Article 338A itself is a provision within the Constitution, not a court case. It establishes the National Commission for Scheduled Tribes.
To provide a proper case summary, I need the name of a specific court case related to Article 338A, along with some details about the facts, issues, and arguments involved.
However, I can provide a brief description of Article 338A itself:
Short Summary
Article 338A of the Constitution of India establishes the National Commission for Scheduled Tribes (NCST). It defines the commission's composition, duties, and powers to monitor and safeguard the interests of Scheduled Tribes.
Facts
Article 338A was inserted into the Constitution by the 89th Amendment Act of 2003, bifurcating the erstwhile National Commission for Scheduled Castes and Scheduled Tribes into two separate bodies. This recognized the distinct needs and challenges faced by Scheduled Tribes.
Issues
The primary issue addressed by Article 338A is the need for a dedicated body to protect the rights and interests of Scheduled Tribes, given their historical disadvantage and vulnerability.
Petitioner's Arguments
(Not applicable, as this is a constitutional provision, not a court case with a petitioner.)
Respondent's Arguments
(Not applicable, as this is a constitutional provision, not a court case with a respondent.)
Court's Reasoning
(Not applicable, as this is a constitutional provision. The reasoning behind its enactment would be found in parliamentary debates and the rationale for the 89th Amendment.)
Conclusion
Article 338A stands as a constitutional provision establishing the NCST, dedicated to safeguarding the interests and rights of Scheduled Tribes in India.
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