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Home Constitution of India

National Commission for the Scheduled Castes and Scheduled Tribes – Has no power to order the investigation agency nor accept complaints alleging that a FIR against a person is not being properly recorded or investigated. [(210) Punjab Law Reporter 368]

by PLRonline
July 8, 2023
in Constitution of India
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  • National Commission for the Scheduled Castes and Scheduled Tribes, with a mandate to monitor/protect the interests of members belonging to the Scheduled Castes, and to make recommendations for the protection of their constitutional rights is set up under Constitution of India, Article 338.
  • The Commission’s powers do not extend to interfering with the investigation process or issuing any directions to the Investigating Agency on how to conduct their investigation.
  • National Commission for Scheduled Castes does not have the power to order the filing of any challan or the cancellation of a FIR (First Information Report).
  • The Commission also cannot accept complaints alleging that a FIR against a person is not being properly recorded or investigated.
  • Such issues are to be examined by a court of competent jurisdiction, either civil or criminal.
  • The National Commission for Scheduled Castes is not authorized to initiate parallel proceedings or to make recommendations that could potentially prejudice ongoing legal proceedings.
  • (210) Punjab Law Reporter 368
  • Full Judgment with detailed headnotes for Online Subscribers (opens automatically)  (Click to subscribe Trial Pack)
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Tags: COI Art. 338National Commission for the Scheduled Castes and Scheduled Tribespoweras oif - National Commission for the Scheduled Castes and Scheduled Tribes
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    • Maternity Benefit Act, 1961
    • Micro, Small And Medium Enterprises Development Act (MSME, Act)
    • Mortgage
    • Motor Vehicles Act, 1988
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    • Narcotic Drugs And Psychotropic Substances Act (NDPS)
    • National Highway Act, 1956
    • Natural Justice
    • Negotiable Instruments Act (NIA)
  • O
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  • P
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    • Punjab Acts / Rules etc.
      • East Punjab Urban Rent Restriction Act, 1949
      • Punjab Jail Manual
      • Punjab Police Rules, 1934
      • Punjab Regional And Town Planning And Development Act, 1995
      • Punjab State Agriculture Produce Markets Act, 1961
      • Punjab Town Improvement Act, 1922
      • Punjab Village Common Lands (Regulation) Act, 1961
    • Partnership Act, 1932
    • Passports Act, 1967
    • Pay fixation
    • Pedigree
    • Pension
    • Perjury
    • Practice and Procedure
    • Prevention of Corruption Act
    • Principle of estoppel or acquiescence
    • Prisons Act, 1894
    • Proclaimed offender
    • Prohibition of Benami Property Transactions Act, 1988
  • R
    • R
    • RERA
    • Recovery of Debts and Bankruptcy Act, 1993
    • Registration Act, 1908
    • Representation of the People Act, , 1951
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    • Sale of Goods Act
    • Sarfaesi
    • Securities and Exchange Board of India Act, 1992
    • Service Matters
    • Service of orders on a government servant
    • Sexual Offence
    • Special Marriage Act, 1954
    • Specific Performance
    • Specific Relief Act, 1963
    • Stamp Act, 1899
    • Stamp duty
    • Stay
    • Suit for declaration / possession
    • Succession Act
    • Suit for recovery of Money
  • T
    • T
    • Tenancy and Rent Act
      • East Punjab Urban Rent Restriction Act, 1949
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Trade Unions Act
    • Transfer of Property Act, 1882
  • V
    • Voice recording
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