respondent no.1 Commission in light of the provisions of Article 338A of the Constitution of
India. In this regard, it is further submitted that ... respondent no. 1, Commission is required to function in terms of Article 338A of
the Constitution of India and the duty of the Commission
have heard the learned counsel for the parties.
9. Article 338A of the Constitution of India provides for constitution of
the Commission for Scheduled Tribes ... Clause (5) of Article 338A of the
Constitution of India specifies the duties of the Commission. Clause 8 of
Article 338A provides that while investigating
Civil Court, conferred upon it under
Clause (8) of Article 338A of the Constitution of India, and issue
summons for their appearance in person before ... without jurisdiction, as no power was conferred on
him, under Article 338A of the Constitution of India, to issue any such
directions to the officials
justify issuance of the impugned summons
by invoking its power under Article 338A of the Constitution of India. It is
asserted that Respondent ... powers of a
civil court" in Article 338 (similarly worded to Article 338A ) is confined to
procedural powers for investigation and inquiry and does
overseas capital markets. Respondent No. 1 is the
NCST, established under Article 338A of the Constitution of India, inserted
by way of the 89th Amendment ... NITIN KAIN
Signing Date:19.08.2024
20:44:45
under Article 338A of the Constitutional of India by adjudicating a service
dispute between the Petitioner
that the
1st respondent is a constitutional body set up under Article 338A of the
Constitution of India, to safeguard the STs under the Constitution ... Indira, learned counsel appearing for the 3rd respondent.
5. Under Article 338A of the Constitution of India, a Commission
for STs to be known
Article 338 of the Constitution of India mandates the constitution of a
National Commission for Scheduled Castes and Article 338A mandates the
constitution ... relevant
point of time, that is in the year 2001, Article 338A was not in existence and
the unamended Article 338 provided for a National
following submissions:
There is a lacuna in the matter of appointment
under Article 324. Of the twelve categories of
unelected Constitutional Authorities, it is only ... categories. In the matter of appointments, they are
represented by Articles 324 , 338 , 338A and 338B. The
other category relates to conditions of service.
Representative
appointed under clause (1) of article 340 , by order specify and
also" shall be omitted.
3. After article 338A of the Constitution, the following ... Backward Classes, from a statutory status to a constitutional body.
After Article 338A , Article 338B was to be inserted and after Article
342 , Article 342A
made by Parliament, by the rule specify.”
18
14. Similarly, Article 338A provides for a National
Commission for Scheduled Tribes which is vested with similar ... case of the Commission for the Scheduled Castes.
15. Article 341(1) of the Constitution empowers the President
with respect to any State or Union
