New Delhi: The Supreme Court has sought to
know the Centre`s response on non-appointment of the
Chairperson and other Members of the National Commission for
Scheduled Castes (NCSC).
A Bench comprising Justices D K Jain and H L Dattu asked
Attorney General G E Vahanvati to seek instruction from the
Centre on the issue within four weeks after a petitioner
submitted that the Commission has become non-functional as
most of the posts, including that of the Chairperson, are
The petition, filed by advocate Radhakant Tripathy, said
the posts of the Chairperson, Vice-Chairperson and other
members of the Commission are vacant and government is not
serious in filling up these posts.
He argued non-appointment of the office bearers has left
justice dispensation mechanism in the Commission
non-functional by leaving helpless the "harassed" Scheduled
Castes people approach it for redressal of their grievances.
"The non-appointment of Chairperson, Vice-Chairperson
and other members in the NCSC has made it non-existent in the
eyes of law. The inaction of the government in not appointing
the Chairperson and members of the Commission is arbitrary,
unreasonable and violative of the Constitution," the petition
NCSC is a constitutional body to protect the interests
of Scheduled Caste population by suggesting policies to the
government in this regard.
Tripathy in his petition alleged that it was for the
second time that the posts of Chairperson and members had
fallen vacant and the Commission has become non-functional.
Citing an RTI reply by the government in which it was
said that there was no stipulated timeframe for appointment of
the office bearers of the Commission, the petitioner also
sought the court`s direction for fixing of a timeframe in this