Supreme Court Clarifies NCSC's Role in Service Matters

Supreme Court's Ruling on NCSC Authority

New Delhi, July 28 - The Supreme Court stated on Tuesday that the National Commission for Scheduled Castes (NCSC) does not possess the authority to issue binding orders in service-related matters. The court emphasized that the role of the commission under the Constitution is advisory rather than judicial.

The NCSC is a constitutional body established under Article 338 of the Constitution, aimed at safeguarding the socio-economic, educational, and cultural interests of Scheduled Castes members while protecting them from exploitation. A bench comprising Justice Sanjay Karol and Justice Augustine George Masih noted in its judgment, “The powers of the NCSC are limited. It is clear that the NCSC and other bodies under Articles 338A and 338B are focused on social welfare.”

However, the law has assigned it only an advisory role, not a decision-making one. Their function does not include making determinations.” The Supreme Court was deliberating on whether the NCSC could issue orders in service-related matters and, if so, whether such orders are merely advisory or mandatory for compliance. The court accepted the appeal from the Mumbai Port Authority, overturning the Bombay High Court's decision.

The High Court had upheld an order from the NCSC directing the authority to provide promotion-related benefits to a Scheduled Caste employee and to pay the outstanding amount within 30 days. This case involved Madhavi K. Chandorkar, an employee of the Mumbai Port Authority, who was demoted following a revision of the seniority list based on previous judicial decisions related to reservation in promotions.