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
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
Article 338 (5) and 338 (8) of
the Constitution. The rules referred to above contemplates, the exercise of
power under Article 338 (5) and 338 ... Article 131 of the Constitution of India. Article 131 refers to the States as
specified in the First Schedule to the Constitution. So Article
writ
petition; that the NCSC has exercised its power under Article
338 of the constitution of India under which it can entertain the
complaint dated ... record and the
Commission has acted beyond its jurisdiction enshrined
under Article 338 of the Constitution of India; that the
Commission has jurisdiction to only
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
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
submits that the jurisdiction which
the Commission exercises in terms of Article 338 of the Constitution stands
restricted to an enquiry and investigation into specific ... enquiry in
terms of sub clause (b) of Clause 5 of Article 338 of the Constitution of
India can be initiated by the Commission only
respondent no.2 has no jurisdiction in accordance with
Article 338 of the Constitution of India and the said Rules to
entertain, investigate the service ... undisputed legal proposition that the
Commission, while acting under Article 338(5) of the
Constitution, can only make recommendations, but
cannot issue any direction
since it proposed to hold an enquiry within the parameters of Article 338 of the Constitution of India. The petitioner produced the relevant records ... power of review has not been conferred on the Commission under Article 338 of the Constitution of India.
8. It appears that this letter crossed
