powers conferred upon
it.
Learned counsel for the petitioners contends that Article 338 of
the Constitution of India deals with the powers and functions ... would also be relevant to reproduce herein the statutory
provisions of Article 338 of Constitution of India under which, the National
Commission for the Scheduled
issued by the Commission are against Clauses (5) and (6) of
Article 338 of the Constitution of India and
and, therefore, the impugned
orders dated ... which may be referred to it by
the Government."
12. Article 338 of the Constitution of India mandates the
creation of the National Commission
evident from perusal of the provisions of Article
338 of Constitution of India that the National Commission for
Scheduled Castes is conferred with the power ... under:
"17. It is evident from Article 338 as it originally stood, that
the Commission was constituted to protect aand safeguard the
persons belonging
letter dated 4-3-1993. The appellant refers
to Article 338 , clauses (5) and (8), of the Constitution
introduced by the Constitution (Sixty Fifth Amendment ... letter dated 4-3-1993. Clauses (5) and (8) of Article
338 of the Constitution, which the appellant refers to as the
source
Scheduled Castes and Scheduled Tribes, a constitutional body constituted under Article 338 of the Constitution of India. The Commission conducted detailed enquiry and took
about the field in which clause (1) of Article 258 of the Constitution operates. Article 258(1) authorises the President of India to entrust either ... conditions of backward classes under Article 340 the appointment of Special Officer of Scheduled Castes, Tribes under Article 338 , etc. were held
deals with special
provisions relating to certain classes and contains Articles
330 to 341. Articles 330 and 332 make provision for
reservation of seats ... provisions
have been made for Anglo-Indian community in Articles
331 and 333. Article 338 provides that there will be a
Commission for the Scheduled
Article 123: to suspend the provisions of Articles 268 to 279 during an emergency; to declare failure of the constitutional machinery in States under Article ... Article 344. appointment of Commissions to investigate conditions of backward classes: Article 340. appointment of Special Officer for Scheduled Castes and Tribes: Article 338. exercise
Interestingly, here, in clause (8) of Article 338 ,
the words used are "the Commission shall..... have all
the powers of the Civil Court trying ... inferred or
derived from a reading of clause (8) of Article 338 of
the Constitution.
11. The Commission having not been specifically
granted any power
extracted as under:-
"10. Interestingly, here, in clause 8 of Article 138 , the words
used are "the Commission shall... have all the powers ... inferred or
derived from a reading of clause 8 of Article 338 of the
Constitution.
11. The Commission having not been specifically granted
any power
