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The Hindu·5 min read·hard

Can the National Commission for Scheduled Castes issue binding directions? | Explained

R
Rizmi Lia M.
Can the National Commission for Scheduled Castes issue binding directions? | Explained
✦AI Summary

The Supreme Court of India has ruled that the National Commission for Scheduled Castes (NCSC) lacks adjudicatory powers and cannot issue binding orders in service disputes. The court clarified that the Commission's role is limited to investigation and recommendation.

Why it matters

Defines the legal scope and limitations of constitutional bodies, impacting how service disputes for marginalized communities are resolved.

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The story so far: The Supreme Court on Tuesday (July 28, 2026) has clarified that the National Commission for Scheduled Castes (NCSC) does not have adjudicatory powers under Article 338 of the Constitution and cannot issue a binding order in service disputes. While the Commission has powers similar to those of a civil court to summon witnesses, call for documents and receive evidence during an inquiry, these powers are only meant to facilitate investigations. The ruling came in a case involving promotional benefits claimed by an employee of the Mumbai Port Authority.

The case arose from the service dispute of a stenographer , who joined the Mumbai Port Authority in 1997. She was promoted as Stenographer Grade-I from Grade II after being granted consequential seniority under a 2002 Office Memorandum relating to reservation in promotions for Scheduled Caste and Scheduled Tribe employees.

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