Law Around Powers of NCSC

Law Around Powers of NCSC 

National Commission for Scheduled Castes is an important constitutional body. It is a public authority within the definition of RTI Act, 2005. 

Often, Orders are passed by National Commission for Scheduled Castes [NCSC] ; the legality of their orders have been subject matter of discussion in several decisions. 

National Seed Corporation Ltd v. National Commission for SC/ST [2013] GCtR 4500 (Delhi) : In this case, the Order of NCSC to cause an inquiry was found to be illegal and it was quashed. It was held that power conferred under Clause 8 of Article 338 do not confer the powers of a Civil Court of granting injunctions of temporary or permanent nature and for adjudicating and deciding disputes between parties like a court.

MCI v. National Commission for Scheduled Castes [2018] GCtR 5973 (Delhi) : In this case, the recommendation made in respect of an employee by NCSC was found to be illegal and it was set aside. Even recommendatory orders of NCSC can be set aside by Hon'ble Court.

Vice Chancellor, Atal Bihari Vajpayee Hindi Viswavidyalaya, Bhopal  v Madhya Pradesh Rajya Anusuchit Jati Aayog [2019] GCtR 5974 (Jabalpur, MP) : In this case also, the jurisdiction of NCSC was challenged. It was argued that NCSC has given a threat that criminal proceedings will be initiated. The competence of NCSC was questioned by the petitioner. In this case, the employee argued that he cannot be removed from service. In this case, the employer had taken action against employee because of reluctant attitude of employee. Employee approached NCSC challenging his employer's actions. Ultimately it was held that NCSC was not competent to issue Order of the kind which it had issued. It was accordingly held that in such situation, a void order of NCSC needs no compliance from the employer.

Oriental Insurance Co. Ltd v. Union of India [2018] GCtR 5975 (Delhi) : In this case a complaint was made by "Y" to NCSC against a Company. "Y" belonged to Scheduled Caste."Y" also complained that officers of Company had used abusive language and harassed "Y" mentally and physically. NCSC has passed an Order on the complaint filed by Y. In this case, the principle that was decided was what kind of matters cannot be entertained by NCSC. Explaining the scope of provisions of Constitution, it was held that NCSC has no power or mandate to pass specific directions or adjudicate disputes between parties. A.338 (8) "does not empower the Commission to either adjudicate disputes or issue any injunctions or pass any decree." NCSC "cannot act as a court of law to adjudicate the disputes between the parties." It was concluded that bald allegations of using abusive language were made in the complaint. Ultimately, Order of NCSC was quashed.