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
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
such a power cannot be culled out from the provisions of Article 338 of the Constitution of India.
5. The first respondent-Commission without deciding ... Constitution (65th Amendment) Act, 1990. Prior to the substitution of this Article, Article 338 provided for a Special Officer for the Scheduled Castes and Scheduled
Article 342(1) with respect to Scheduled Tribes. Article 340 of the Constitution and a corresponding provision present in Clause (10) of Article 338 envisage ... Scheduled Castes than the other group therein, has violated Article 341 read with Articles 338 and 335 of the Constitution.
(3) The Scheduled Castes
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
Parliament and hence, the impugned Act is in violation of the Articles 338-B
and 342-A of the Constitution of India. Further, the appropriate ... would
hinder passing of the impugned law.
● In the light of Articles 338-B and 342-A and 366(26C) of the
Constitution of India
Parliament and hence, the impugned Act is in violation of the Articles 338-B
and 342-A of the Constitution of India. Further, the appropriate ... would
hinder passing of the impugned law.
● In the light of Articles 338-B and 342-A and 366(26C) of the
Constitution of India
jurisdiction to adjudicate title disputes of an immovable
property under Article 338 of the Constitution of India?
(c) Whether the National Commission for Scheduled Castes ... safeguards
of the Scheduled Castes.”
Further, Article 338(5)(e) and 338(5)(f) read as under:-
“338. National Commission for Scheduled
Castes
