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
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
Scheduled Tribes, Article 330 provides reservation of seats for SC/
ST in House of People, Article 332 provides reservation in State
Assemblies, Article 335 provides ... services, Article 338 provides for the constitution of National
Commission for Scheduled Castes and Article 338A provides for the
15
constitution of National Commission
existence of 'Gond Gowari'. Shri Singh also
referring to Article 338A of the Constitution which
has been inserted by the Constitution (Eighty-Ninth
untouchability as per Article 17 shall be an offence punishable under the
law. Article 46 reads as under:
“Article 46. Promotion of educational and economic ... acceptance, if any, of any of such recommendations.
Article 338A. National Commission for Scheduled Tribes.
(1) There shall be a Commission for the Scheduled Tribes
Subhash Chandra & Anr vs Delhi Subordinate Ser.Sel.Board & Ors on 4 August
Minerva Mills Ltd. & Ors vs Union Of India & Ors on 31 July, 1980
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
Union Of India vs M/S Mohit Minerals Pvt. Ltd. on 19 May, 2022
Author
