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
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
National Commission for Scheduled Caste and Scheduled Tribes
provided under Article 338(5) of the Constitution of India and held that
the Commission cannot determine ... report states as under:-
"17. It is evident from Article 338 as it originally stood,
that the Commission was and safeguard the
constituted persons
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