Document Fragment View

Matching Fragments

8. The National Commission for Scheduled Caste and Scheduled Tribes has been constituted under Article 338 of the Constitution of India. The Commission, under Clauses (5) and (6) of the Article 338 of the Constitution of India does not have power, to issue any directions. It has been conferred with powers, to investigate and monitor all matters relating to the safeguards, provided for the Scheduled Castes and Scheduled Tribes ; to enquire into specific complaints with respect to deprivation of rights and safeguards of the Scheduled Castes and Scheduled Tribes; to participate and advise on the planning process of socio-economic development of the Scheduled Castes and Scheduled Tribes and to evaluate the progress of their development under the Union and any State; to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards,; to make such recommendations or measures that should be taken by the Union or any State and to discharge such other functions in relation to protection, welfare and development and advancement of Scheduled Castes and Scheduled Tribes.

9. Clauses (5) and (8) of the Article 338 of the Constitution, introduced by the Constitution (Sixty Fifth) Amendment Act 1990, provides:-

"(5) It shall be the duty of the Commission-
(a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes and Scheduled Tribes under this Commission 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;
(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes and Scheduled Tribes;
11. Interestingly, here, in Clause 8 of Article 138, the words used are "the Commission shall... have all the powers of the Civil Court trying a suit." But the words "all the powers of a Civil Court" have to be exercised "while investigating any matter referred to in Sub-clause (a) or inquiring into any complaint referred to in Sub-clause (b) of Clause 5". All the procedural powers of a Civil Court are given to the Commission for the purpose of investigating and inquiring into these matters and that too for that limited purpose only. The powers of a Civil Court of granting injunctions, temporary or permanent, do not inhere in the Commission nor can such a power be inferred or derived from a reading of Clause 8 of Article 338 of the Constitution.

14. For the aforesaid reasons, we find that the orders of the Commission are wholly without jurisdiction. The Commission has no authority to issue any order, injunction, direction, or decree, which may be enforced by public authorities. The Commission has not been vested with the powers of issuing such orders, exercising the powers of the Court. The provisions of Article 338, of the Constitution of India  and the U.P. Prevention of Atrocities of Scheduled Caste and Scheduled Tribes Act do not provide any such powers on the authorities under the Act.