Open Access Research Article
A CRITICAL LEGAL ANALYSIS OF THE FUNCTIONING AND EFFECTIVENESS OF THE NATIONAL COMMISSION FOR SCHEDULED CASTES
Abstract
This
article assesses the National Commission for Scheduled Castes (NCSC) under
Article 338 of the Constitution of India against the text that created it, the
case law that has interpreted it and the evidence of how it works. It argues
that the Commission is effective as a monitor and a point of entry for
complaints but ineffective as a remedy. The Supreme Court’s decision in Mumbai
Port Authority v. NCSC (28 July 2026) confirms that the Commission can
inquire and recommend but cannot adjudicate or issue binding directions. The
article identifies four structural weaknesses: inquiry without remedy;
executive control over appointments, tenure and funding; a slow accountability
loop through Parliament; and the absence of public outcome data. It proposes
reforms ordered by cost and legal route, and concludes that the priority is to
build the conditions under which a recommendatory body can succeed, not to
convert it into a court.
Published Paper
Author Details
Authors: B.KUBENDRANRegistration ID: 1013567 | Published Paper ID: IJLRA13567Approved ISSN: 2582-6433 | Country: Delhi, India
Article Information
A CRITICAL LEGAL ANALYSIS OF THE FUNCTIONING AND EFFECTIVENESS OF THE NATIONAL COMMISSION FOR SCHEDULED CASTES
Authors: B.KUBENDRAN
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 8
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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