National Commission for Scheduled Castes can't issue binding orders, can only recommend action: Supreme Court

The Supreme Court on Tuesday held that the National Commission for Scheduled Castes (NCSC) cannot issue binding directions in service matters [Mumbai Port Authority v. National Commission for Scheduled Castes & Ors.].

Its role under Article 338 of the Constitution is recommendatory and advisory, and not adjudicatory, the top court held.

In a judgment delivered on July 28, a Bench of Justices Sanjay Karol and Augustine George Masih set aside a Bombay High Court judgment upholding an order of the NCSC directing the Mumbai Port Authority to grant promotion benefits and pay arrears to a Scheduled Caste  (SC) employee.

The Court clarified that while the Commission has powers akin to those of a civil court for the limited purpose of investigating matters and inquiring into complaints, it cannot adjudicate disputes or issue binding directions.

“The powers entrusted to NCSC are limited in nature. Clearly NCSC and its other compatriots under Articles 338A and 338B are Constitutional Bodies with a socially beneficent purpose but quite apparently, the Legislature has prescribed a role that is recommendatory and advisory, but certainly not adjudicatory,” the Court said.

The Court was hearing an appeal filed by the Mumbai Port Authority against a Bombay High Court judgment upholding an order of the NCSC.

The case arose out of the demotion of Madhavi K Chandorkar, a scheduled caste employee of the Mumbai Port Authority.

Chandorkar joined the Port Authority as a typist-cum-computer clerk in 1997 and was promoted to Stenographer Grade-I under a 2002 Office Memorandum (OM) granting consequential seniority to SC/ST employees promoted through reservation.

After the Bombay High Court struck down the 2002 OM in a separate case, the Port Authority revised its seniority list and demoted Chandorkar from Stenographer Grade-I to Grade-II with retrospective effect.

Aggrieved by the demotion, Chandorkar approached the NCSC, which directed the Port Authority to follow reservation rules, grant promotion benefits, pay arrears within 30 days and submit an action taken report.

The Port Authority challenged the NCSC's order before the Bombay High Court, arguing that the Commission lacked the constitutional authority to issue such directions.

The High Court dismissed the challenge, prompting the Port Authority to approach the Supreme Court.

The principal question before the Supreme Court was whether the National Commission for Scheduled Castes (NCSC) has the constitutional authority to issue binding directions in service matters or whether its directions are merely recommendatory.

The Bench said Article 338 empowers the NCSC to investigate complaints relating to the rights and safeguards of scheduled castes and grants it certain powers of a civil court, such as summoning witnesses, receiving evidence and requisitioning documents, to facilitate such inquiries.

Those powers, however, do not extend to adjudicating disputes or issuing binding directions. Once an inquiry is complete, the Commission can record its findings and recommend that the Central or a State government take appropriate action, the Court explained.

"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. In other words, NCSC can record a factual finding and then ask the concerned Government, either the Centre or the State to act thereupon," the Court held.

Rejecting the NCSC's contention that Article 338 confers an enforcement role, the Bench added,

"It certainly does not confer adjudicatory power, at best recommendatory in nature."

Thus, the Bench held that the NCSC exceeded its constitutional powers by directing the Mumbai Port Authority to implement its decision and pay arrears. It declared those directions to be contrary to the Constitution.

Pertinently, the Kerala High Court had on Tuesday (July 28) questioned the authority of another similar body, the National Commission for Scheduled Tribes (NCST), to order the Kerala Police to hand over Kumbh Mela fame Monalisa Bhosle to the Madhya Pradesh Police.

The High Court had asked how the NCST could pass such a direction.

"What is the right of this National Commission for passing any orders? How can the National Commission issue such a direction?" the High Court had asked.

[Read Judgment]