Seed Corporation Ltd. (supra), the Supreme Court
considered the provisions of Article 338 and the powers vested in a
Commission for Scheduled Castes and Scheduled ... held that though such Commissions appointed pursuant to the
provisions of Article 338 have the power of a Civil Court for
summoning documents, witnesses
illustrated not only by Articles 15 to 18 but also by other Articles in Part IV and more particularly, Articles ... Commission under Article 340 is only advisory and much restricted as compared to the Commission appointed under Article 338 of the Constitution.
16. The first
seems to be lack of powers vested in the NCSC under
Article 338 of the Constitution of India to issue any direction except
as indicated ... under Clause (5) of Article 338.
4. Mr. Anand Pai, the learned counsel for the petitioner-MPA
refers to the decision in " All India
this context, we need to look at the provisions of Article 338 of
the Code of Communidades. Article 338 of the Code of
Communidades, reads ... thus :
"Article 338 - The provisional delivery of the land granted,
as emphyteusis, cannot be considered in legal relations
between the communidade and the lease
National Commission for Scheduled Castes,
A Constitutional body set up under
Article 338 of the Constitution of India,
5th Floor, Lok Nayak Bhawan,
Khan Market ... Scheduled Castes is a
constitutional body which is created under Article 338 of the
Constitution of India. The powers and the functions of the National
Ajit P.Jogi & Ors. , AIR 2012 SC 44 and construing Article 338 (5) (b)
of the Constitution of India, quashed and set aside ... supra) after adverting to
the various provisions of law including Article 338(6) of the
Constitution of India quashing and set aside the order/recommendation
direct reinvestigation. In this respect he
invited our attention to Article 338 (5) of the
Constitution of India. It would be proper to refer ... said provision. Article 338 (5) provides that it shall be
the duty of the Commission :-
(a) to investigate and monitor all matters
relating
Union of India and Ors. ; it was noted that under Article 338(8) of the Constitution of India, while investigating a matter the Commissioner shall ... inferred or derived from a reading of Clause (8) of Article 338 of the Constitution. Section 11(4) of the I.D. Act uses similar
Dr. Jishri Laxmanrao Patil, Member, The ... vs The Chief Minister Of State Of ... on 27
which Article 16
(4A) itself was brought into force.
The other interlinked constitutional Reservation Provisions.
12 We have to read following Articles of the Constitution ... Scheduled Castes
and Scheduled Tribes has been constituted in view of Articles 338 and
338A. All the concerned are working on every aspect
