Parliament.
24. The proposed Article 299 was debated upon by
the Constituent Assembly and was finally
adopted as Article 338 as under:
338.(1) There ... clause (1) of article 301 of the
Constitution by order specify and also to
the Anglo-Indian community."
25. Article 338 as finally adopted
respondent No.1 Commission has acted beyond the
jurisdiction conferred under Article 338 of the Constitution of India. He
would draw my attention ... power
under sub-clause 5 (a) and (b) of Article 338 of the Constitution to
inquire/investigate all matters relating to the safeguards provided
attendance of any person for a limited purpose as contained in Article 338 of the Constitution of India. By virtue of powers confer under Article ... judgment is quoted below-
10. Interestingly, here, in clause 8 of Article 338 , the words used are "the Commission shall..... have all the powers
jurisdiction of the Commission in view of the provisions contained in Article 338 of the Constitution of India. The said complaints were also not maintainable ... short 'the Rules') framed by the Commission itself under Article 338 (4) of the Constitution of India and published in the Gazette
High Court
whereby it has been held as under -
"12. Article 338 of Constitution of India specifies for constitution of
National Commission for Schedule ... National Commission for
Schedule Caste and Schedule Tribe by Article 338(8) of the Constitution
of India are for the limited purpose of investigating
been passed. He also submits that the Commission is constituted under
Article 338 of the Constitution of India only to limited extent to investigate,
enquire ... said Article, the Commission
is not a Tribunal or a forum discharging the functions of a judicial character
or a Court. Article 338 does
power of enquiry and to issue
directions. He has referred to Article 338 of the Constitution of India
and submitted that, the Commission established under ... Article 338
cannot have jurisdiction beyond Article 338. What the Commission is
doing in the facts of the present case, is beyond its jurisdiction
SC2287 (2)
ACT:
Constitution of India, 1950, Articles 15(4) ,16(4),
29(2), 338(3) and 340- Validity of the Means test adopted ... ejusdem qenesis Rule or Rule
Noscitur a sociis, explained-Construction of Articles 338(3)
and 340 of the Constitutions-Government's power to make
Scheduled Tribes Commisioner, Government of India published every year under Article 338 of the Constitution and partially on the Government of India Publication Division. Publication ... Shri Shisir Kumar, Commissioner of Scheduled Castes and Tribes, under Article 338 of the Constitution, submitted on 29th December, 1977 to the President of India
hereinafter referred to as "National Commission") as envisaged by Article 338(9) of the Constitution and on a recommendation requiring the State ... very process of enactment suffers from the vice of violation of Article 338(7); consequently, the enactment is a colourable Legislation and invalid.
The Defence
