empowered to
adjudicate the issues raised in the complaint under Article 338 of the
5/16
https://www.mhc.tn.gov.in/judis ... consider the scope of the powers conferred under Article 338
of the Constitution of India to the National Commission for Scheduled
Castes.
9. Article 338
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
have been entertained at
all.
5. Taking support from Article 338(8) of the Constitution of
India, learned counsel for the petitioner submitted that although ... raised, the Apex Court after examining
the language employed in Article 338(8) of the Constitution of India
has clearly and vividly ruled that
barbers or
Christians, whereas Kavara Caste did not include barbers.
32. Article 338 (1) of the Constitution of India provides for a
Commission ... known as National Commission for
the Scheduled Castes.
33. Under Article 338(5) of the Constitution of India, it is the duty
of the Commission
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
respondent
would submit that the first respondent derives power under Article 338(5) of
the Constitution of India and they have all the power ... powers of the National Commission for Scheduled Castes is derived
from Article 338(5) of the Constitution of India. Chapter I deals with
Constitutional provision
complaint of the petitioner dated 24.05.2012 in accordance with Article 338 of the Constitution of India and pass appropriate orders on its merits ... complaint of the petitioner dated 24.05.2012 in accordance with the Article 338 of the Constitution of India.
3. The legal issue involved in the writ
Welfare association. Reliance was placed on Clauses (5) and (8) of Article 338 of Constitution of India in support of the contention that the Commission ... Supreme Court after considering Clauses (5) and (8) of Article 338 of Constitution of India and also the earlier decision in M.V.Raj wade
