2018 · GS Paper 2 · Q2 · 10 marks
Whether National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine.
In short
The NCSC cannot enforce SC reservation in religious minority institutions, because its Article 338 powers are only to inquire and recommend. Article 15(5), upheld in Pramati Educational Trust (2014), expressly excludes Article 30(1) minority institutions from reservation.
Model answer
Ghissu Editorial · Verified 4 Oct 2026 · 290 words
Inquiry with civil court powers
Article 338(8) lets it summon persons and records, but only to inquire, not to issue binding orders.
Advisory outcome
Reports go to the President and Parliament under Article 338(5)(d), so compliance depends on the government.
Consultation duty
Article 338(9) makes governments consult it on major SC policy, so its influence works on law-making rather than on any single institution.
Constitutional carve-out
Article 15(5) (93rd Amendment, 2005) excludes minority institutions under Article 30(1), upheld in Pramati Educational Trust (2014).
Statutory exemption
Section 4 of the Central Educational Institutions (Reservation in Admission) Act, 2006 also exempts them, leaving no provision to enforce.
Right to administer
T.M.A. Pai (2002) protects minorities' choice of students and staff; Article 16(4) binds only State services.
Disputed status
Where status is contested, as with AMU after the 2024 seven-judge ruling, courts and the NCMEI decide, not the NCSC.
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Question from the official UPSC Civil Services (Main) Examination 2018 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.