New Delhi, July 29, 2026 (Yes Punjab News)
The Supreme Court has ruled that the National Commission for Scheduled Castes (NCSC) cannot issue binding directions or adjudicate service disputes, holding that its powers under Article 338 of the Constitution are advisory and recommendatory, not adjudicatory.
A Bench of Justices Sanjay Karol and A.G. Masih set aside a Bombay High Court judgment that had upheld an NCSC direction requiring the Mumbai Port Authority to implement promotion-related directions and pay arrears to a Scheduled Caste employee within 30 days.
The apex court observed that while the NCSC is empowered to investigate complaints relating to the deprivation of constitutional safeguards available to Scheduled Castes and make recommendations, it does not have the authority to pass enforceable orders in service matters.
“We are of the considered view that the Division Bench fell in error in holding that the directions issued by NCSC were within the scope of powers provided under the Constitution,” the Bench said.
The court clarified that although Article 338 empowers the Commission to summon witnesses, receive evidence and requisition documents during inquiries, these powers are limited to facilitating investigations and do not extend to issuing binding directions.
“It is therefore clear that while it has powers to requisition documents and receive evidence, it does not have the power to make an order in furtherance of that evidence,” the judgment stated, adding that the Commission can record factual findings and recommend appropriate action to the Central or State Government.
Rejecting the NCSC’s argument that the term “safeguards” under Article 338(5)(b) conferred adjudicatory authority, the Supreme Court held that the constitutional provision does not empower the Commission to enforce its findings.
The case arose after the Mumbai Port Authority demoted a Scheduled Caste employee following a revision of seniority in compliance with a Bombay High Court ruling that had quashed the Centre’s 2002 Office Memorandum on consequential seniority for SC/ST employees promoted through reservation.
The employee approached the NCSC, which directed the Port Authority to implement reservation guidelines, grant promotions accordingly and pay arrears. Challenging the order, the Mumbai Port Authority argued that the Commission had exceeded its constitutional mandate.
Allowing the appeal, the Supreme Court held that constitutional commissions such as the NCSC perform an important social function but are not vested with adjudicatory powers. It also declared the Commission’s direction requiring payment of arrears to be unconstitutional and unenforceable.
FOLLOW NOW
