The Delhi High Court has affirmed that the National Commission for Scheduled Castes (NCSC) lacks the authority to investigate or issue directives akin to those of a civil or criminal court.
The ruling came in response to an appeal by Anju Bala, who accused the Municipal Corporation of Delhi (MCD) of a "selective approach" in sealing a residential property, The Indian Express reported.
On October 21, a division bench consisting of Chief Justice Manmohan and Justice Tushar Rao Gedela determined that Bala's plea was "misconceived."
The MCD had previously contested an order issued by the NCSC on October 3, 2023, which directed the registration of a First Information Report (FIR) against a junior engineer of the MCD based on Bala's complaint.
The court noted that the orders issued by the commission are purely recommendatory and not directive, as evidenced by the circumstances of the case.
Relying on Article 338 of the Constitution, the bench stated, “A bare perusal of Article 338 of the Constitution reveals that the limited powers of a civil court can be exercised by the commission in furtherance of an investigation into matters relating to the safeguards provided for the Scheduled Castes.”
Consequently, the appeal was dismissed.
In a prior observation in August 2022, the Delhi High Court had also indicated that the NCSC does not possess the authority to issue directives that would resolve the rights of parties involved, similar to the functions of a civil court.
The ruling came in response to an appeal by Anju Bala, who accused the Municipal Corporation of Delhi (MCD) of a "selective approach" in sealing a residential property, The Indian Express reported.
On October 21, a division bench consisting of Chief Justice Manmohan and Justice Tushar Rao Gedela determined that Bala's plea was "misconceived."
The MCD had previously contested an order issued by the NCSC on October 3, 2023, which directed the registration of a First Information Report (FIR) against a junior engineer of the MCD based on Bala's complaint.
The court noted that the orders issued by the commission are purely recommendatory and not directive, as evidenced by the circumstances of the case.
Relying on Article 338 of the Constitution, the bench stated, “A bare perusal of Article 338 of the Constitution reveals that the limited powers of a civil court can be exercised by the commission in furtherance of an investigation into matters relating to the safeguards provided for the Scheduled Castes.”
Consequently, the appeal was dismissed.
In a prior observation in August 2022, the Delhi High Court had also indicated that the NCSC does not possess the authority to issue directives that would resolve the rights of parties involved, similar to the functions of a civil court.

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