The Supreme Court of India has clarified that the National Commission for Scheduled Castes (NCSC) does not have the power to issue binding orders in service disputes. This ruling came in a case involving an employee of the Mumbai Port Authority who was seeking promotional benefits. The Court held that Article 338 of the Constitution does not confer adjudicatory powers on the NCSC, and its role is limited to investigating constitutional safeguards, inquiring into complaints, and advising governments.
The case involved a stenographer who was promoted as Stenographer Grade-I from Grade II after being granted consequential seniority under a 2002 Office Memorandum. However, the benefit was later withdrawn, leading to her reversion to a lower post. The NCSC directed the Port Authority to reinstate her promotion and extend all consequential monetary benefits, but the Supreme Court set aside this direction, declaring it unconstitutional and without legal effect.
The Court’s ruling is significant as it clearly outlines the boundaries of constitutional commissions established under Articles 338, 338A, and 338B, preventing them from encroaching upon judicial or quasi-judicial functions. The NCSC has powers similar to those of a civil court to summon witnesses, call for documents, and receive evidence during an inquiry, but these powers are only meant to facilitate investigations, not to make binding orders.
The Division Bench of Justice Sanjay Karol and Justice Augustine George Masih noted that the legislature has been categorical in the powers of the civil court that have been extended to the NCSC, and the word
