Commission.
With the objective of replacing the Special Officer
created under Article 338 when the Constitution was
adopted, with a high level Five Member Commission ... amendment read as follows:
"STATEMENT OF OBJECTS AND REASONS
Article 338 of the Constitution provides for a
Special Officer for the Scheduled Castes
letter dated 4-
3-1993. Clauses (5) and (8) of Article 338 of
the Constitution, which the appellant refers to
as the source ... complaint referred to
in sub-clause (b) of clause (5) of Article 338 of
the Constitution.
6. Sub-clauses (a) to (f) of clause
powers and jurisdiction of Respondent No.1 are well
defined under Article 338 of the Constitution of India and it cannot pass any
orders which ... Commission for Scheduled Tribes under
Article 338A of the Constitution of India, which is
similarly worded as Article 338 of the Constitution of
India
Director (Marketing).
4. Respondent No. 2 is the Commission established under Article 338 of
the Constitution of India with a view to provide safeguards against ... Commission for Scheduled Tribes under
Article 338A of the Constitution of India, which is
similarly worded as Article 338 of the Constitution of
India
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
unwarranted. As noticed above, the power
under clause 5(b) of Article 338 (or under any of the
other sub-clauses of clause ... Article 338 ) did not
entitle the Commission to hold an inquiry in regard to
the caste status of any particular individual, summon
documents, and record
beyond the purview and jurisdiction of Respondent No. 1 under Article 338
of Constitution of India.
5. Learned counsel relies on the judgement of Supreme ... Commission for Scheduled Tribes
under Article 338A of the Constitution of India, which is
similarly worded as Article 338 of the Constitution of India
investigate his complaints and to recover material evidence in
light of Article 338 (5) of the Constitution of India to enable appellant to
facilitate ... however, neglected/failed to discharge his duties in violation of Article
338 (5) of the Constitution of India.
RCA DJ No. 48 of 2017
Mukesh
scheduled tribes under various provisions
contained in Articles 15 and 16 and the Directive Principles contained
in Articles 37 , 38 , 47 and 51(A). There ... People, Article 332 provides reservation in State
Assemblies, Article 335 provides to consider the claim of SCs/STs to
services, Article 338 provides
Article 341(1) provides additional protection to the
members of the Scheduled Castes. The powers under Article 16(4)
cannot be exercised dehors Article ... Article 338B
was inserted constituting National Commission for Backward Classes.
The real question for consideration is the interpretation of Articles 14 ,
15 , 16 , 338 , 338A
