Verdict on SC/ST Act has diluted its provisions: Centre to SC

The Centre on Thursday told the Supreme Court that its recent judgement on the SC/ST Act has “diluted” the provisions of the law, resulting in “great damage” to the country

It said the top court verdict, which had dealt with an issue of a “very sensitive nature”, has caused “commotion”, “anger, unease and a sense of disharmony” in the country

In his written submission, Attorney General K K Venugopal said that through its judgement, the top court has not filled the gaps in the SC/ST Act but rather amended it through judicial legislation. He also stressed that there was a separation of powers between the legislature, the executive and the judiciary which was “inviolable.”

“It is submitted that this judgement has diluted, for the reasons stated, the provisions of the Atrocities Act read with the Code, resulting in great damage to the country,” the Attorney General said in his written submissions

“This case dealing with the issue of very sensitive nature has caused a lot of commotion in the country and is also creating anger, unease and a sense of disharmony,” it said

The Centre also said that the “confusion” created by the apex court verdict might have to be corrected by reviewing the judgement and recalling the directions issued by the top court

“Bland statement that ‘power to declare law carries with it, within the limits of duty, to make law when none exists' is wholly fallacious because we live under a written Constitution of which separation of powers between the legislature, the executive and the judiciary is the very basic structure and is inviolable,” it said.

Leaders of various Dalit organisations on Thursday demanded that the Centre immediately bring an ordinance to restore the status quo of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

They also urged the Union government to include the Act in the Ninth Schedule of the Constitution.

The Ninth Schedule provides protection to legislations placed under it. A law placed under the Schedule is not open to judicial scrutiny.

At the meeting in Delhi, Dalit leaders announced they would observe April 14 as "Pro- tect Constitution Day" across the country.

"The government should issue an ordinance to maintain and restore the status quo of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and put the Act in the Ninth Schedule on the Constitution. We have decided to hold an unified action on April 14 as Protect Constitution Day on Ambedkar Jayanti," Srinivas Rao, Dalit Shoshan Mukti Manch leader, said. Political leader and activist Prakash Ambedkar, who presided over the meeting, said the government should bring a legislation in the Monsoon Session of Parliament to ensure adequate representation of SCS/STS, Dalits and adivasis in the judiciary.

Ashok Bharti of the National Confederation of Dalit and Adivasi Organisations supported Ambedkar's demands. "Since judiciary is not reforming itself, Parliament should bring a law in the Monsoon Session to ensure that there is an adequate representation of the marginalised (sections) in the judiciary."

The Dalit leaders have threatened street protests if the PM does not announce the government decision on August 15.