Document Fragment View

Matching Fragments

31. After discussing the characteristics, the Committee found that the traditional occupation of Maruthuvar Caste was the occupation of barbers or Christians, whereas Kavara Caste did not include barbers.

32. Article 338 (1) of the Constitution of India provides for a Commission for the Scheduled Castes which is known as National Commission for the Scheduled Castes.

33. Under Article 338(5) of the Constitution of India, it is the duty of the Commission to investigate and monitor all matters relating to the safeguards provided for the Scheduled Caste under the Constitution of India or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards.

34. Article 338(5)(b) of the Constitution of India casts a specific duty on the National Commission to inquire into specific complaints with regard to the deprivation of rights and safeguards of the Scheduled Castes.

35. Under Article 338(8) of the Constitution of India, the Commission investigating any matter referred to in sub-clause(a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), i.e., specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes, is to have all the powers of a civil Court trying a suit and in particular, in respect of the following matters, namely,

(a) summoning and enforcing the attendance of any person from any part of 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 of office;

(e) issuing commissions for the examination of witnesses and documents; and

(f) any other matter which the President may, by rule, determine.

36. Under clause (9) of Article 338 of the Constitution of India, the Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes.

37. In view of this specific power conferred on the National Commission under Article 338(5)(b) read with Article 338(8)(a) to (f) of the Constitution of India, the National Commission is better equipped to decide factual questions with regard to whether a person who is claiming Scheduled Caste status, in fact, belongs to a Scheduled Caste or not?

38. This Court in exercise of power under Article 226 of the Constitution of India cannot adjudicate disputed questions of fact as to whether or not a person belongs to any particular caste. However, this Court exercising jurisdiction under Article 226 of the Constitution of India, has the duty to find out if there has been any procedural irregularity on the part of an administrative authority in arriving at a decision.