Article 338 in Constitution of India
338. National Commission for Scheduled Castes
(1) There shall be a Commission for the Scheduled Castes to be known ... Constitution (Sixty-fifth Amendment) Act, 1990, changed the Constitution’s Article 338 to create a National Commission for Scheduled Castes and Tribes. The Commission shall
means the National Commission for the Scheduled Castes referred to in article 338 of the Constitution; [Substituted by Act 43 of 2006 , Section ... means the National Commission for the Scheduled Tribes referred to in article 338-A of the Constitution;] (j) National Commission for Women means the National
National Commission for Scheduled Tribes (NCST) and inserted a new Article 338A under Article 338, giving the NCST constitutional status. The body works
sixth
respondent were politically motivated?
8
Re : Question (i)
8. Article 338 of the Constitution of India mandates the constitution of a
National Commission ... time, that is in the year 2001, Article 338A was not in existence and
the unamended Article 338 provided for a National Commission for
Scheduled
Respondent no.2 has no jurisdiction in
accordance with Article 338 of the Constitution of India
and the said Rules to entertain, investigate and pass ... were only
recommendatory in nature. The Commission has placed reliance upon Article
338(5) of the Constitution in support of the action taken
National Commission for the Scheduled Castes constituted under clause (1) of article 338 of the Constitution; (iia) the National Commission for the Scheduled Tribes constituted
Parliament.
24. The proposed Article 299 was debated upon by the
Constituent Assembly and was finally adopted as
Article 338 as under:
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WP(C) 5845 ... clause (1) of article 301 of the
Constitution by order specify and also to
the Anglo-Indian community."
25. Article 338 as finally adopted
that procedural powers of civil
court given to the Commission by Article 338(8) of Constitution of India are
for the limited purpose of investigating ... inferred or
derived from a reading of Clause (8) of Article 338 of the Constitution. The
relevant portion of the Supreme Court judgment
notification in the Official Gazette, appoint. 2. Amendment of article 338.
In article 338 of the Constitution, in clause (10), the words, brackets and figures ... receipt of the report of a Commission appointed under clause (1) of article 340, by order specify and also" shall be omitted 3. Insertion
wherever they occur, shall be omitted. 3. Insertion of new article 338A. -
After article 338 of the Constitution, the following article shall be inserted, namely ... National Commission for Scheduled Tribes (NCST) and inserted a new Article 338A under Article 338, giving the NCST constitutional status. The body works
