Tuesday, January 19, 2021
Home Law Supreme Court upholds the constitutionality of SC/ST Amendment Act, nullifies its previous order

Supreme Court upholds the constitutionality of SC/ST Amendment Act, nullifies its previous order

The Court bulldozed its previous judgment of March 2018 that diluted certain provisions of the Act.

On Monday, a 3-Judge Bench of the Supreme Court comprising of Justices Vineet Saran, Arun Mishra, and Ravindra Bhat upheld the constitutionality of the SC/ST Amendment Act, 2019. The Court bulldozed its previous judgment of March 2018 that diluted certain provisions of the Act.

The Parliament had made amendments to the Scheduled Cates and Scheduled Tribes (Prevention of Atrocities) Act in 2019 such that it nullified the 2018 Supreme Court ruling. The verdict challenging its constitutionality after several PILs were filed was reserved on October 3 last year.

In March 2018, a two-Judge bench of Justice AK Goel and Justice UU Lalit ruled that there would not be automatic arrest on the basis of a complaint filed under the Act. The Court also introduced the provisions of preliminary inquiry by the police and anticipatory bail for the accused.

This prompted the Union Government to file a review petition against the decision. In the review judgment, directions 3, 4, and 5 of the 2018 judgment was kept set aside. As a matter of fact, the amendment to the Act had already nullified the effect of directions 3 and 4. The direction 5 provided for disciplinary action against the cops in case the other two directions were not followed.

However, the bench headed by Justice Arun Mishra recalled the March 2018 verdict and ruled the need for a preliminary probe. The Court observed that bail can only be granted where a prima facie case is not made out under the stringent SC/ST Act.

Justice S Ravindra Bhat added that bail can be granted only during “extraordinary” circumstances where “denial of bail” would imply “miscarriage of justice”. The apex court also observed that the directions issued by the 2018 Division Bench were not within the parameters of Article 142 of the Indian constitution.

It has sparked a debate on social media whether the lives of innocent people falsely implicated under the stringent SC/ST Amendment Act matter to the Supreme Court.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

 

Related Articles

Trending now

Rahul Gandhi lies to claim PM Modi has no geopolitical understanding, Surjewala declares himself Joe Biden

Rahul Gandhi lied that PM Modi had endorsed Donald Trump's candidature for the 2020 US presidential elections

The paper-tigers of the Indian comedy circus: How mocking Hindus is a free hit but other faiths is a no-go

Indian comedians have displayed evangelical zeal in poking fun at Hindus and their faith but they have not exhibited the same alacrity in sneering at Islam and Christianity

Brisbane Test: Stadium reverberates with chants of ‘Bharat Mata ki Jai’, Australian coach says can’t underestimate Indians

The loud cheer and the subsequent sloganeering reverberated in the stadium that even the audience, watching the live telecast, had a 'goosebump' moment.

How this New Yorker Article represents Deep-Rooted White Western Racism against ‘Brown Indians’

The New Yorker published an article by Bill McKibben, titled – Gandhi, History, and the Lessons of the Events at the Capitol.

Shivraj Singh Chouhan never called for “tracking working women”: How liberals made a story out of nothing

You must have heard - MP CM Shivraj Singh Chouhan is planning to register and track every movement of working women - that is fake news

‘Doob maro. If you have the courage, try doing something similar with people of other religion’, Raju Srivastav tears into makers of Tandav

Comedian Raju Srivastav also weighs in on the ongoing controversies linked with Saif Ali Khan starrer web series Tandav

Recently Popular

‘Madam Chief Minister’ poster row: Bhim Sena threatens to cut off Richa Chadha’s tongue, actress apologises for poster

The poster of 'Madam Chief Minister' showed Richa Chadha holding a broom. Many have called it an offensive stereotyping of the Dalit community.

The hidden chats in the TRP Chargesheet that nobody is talking about, not even the police: India Today and BARC

In the TRP case chargesheet, pages of personal chats between Arnab Goswami and the ex-BARC CEO Partho Dasgupta have been added

British-Pakistani singer Zayn Malik says he loves India and fans can’t keep calm

Recently, Zayn Malik was heard singing Mohammad Rafi's Chaudavi Ka Chand in the track Tightrope.

‘Jack Ma is safe and sound’, is ‘laying low’ claims founder and chairman of equity firm Primavera Capital Group

Days after his unflattering opinion of the Chinese authorities, Alibaba founder Jack Ma went mysteriously missing

While Times Now goes hammer and tongs after Arnab Goswami, here is what Times of India published ahead of air-strike

The Arnab Goswami private WhatsApp chats leaked by Mumbai Police have created quite the storm.

Pakistan claims India staged Pulwama attack after Mumbai Police leaks chat to embarrass Arnab, Republic hits back: Details

Pakistan has now issued a statement on the nonsensical controversy surrounding the private WhatsApp chats of Arnab Goswami
- Advertisement -

 

SP chief Akhilesh Yadav tries to cash in on India’s great cricket victory, leaves netizens in splits with his bizarre poll promise: Details

Akhilesh Yadav posted a rather bizarre tweet promising to recognise "Tennis Cricket" if it is elected to power.

‘Today Malaysia kept our aeroplane, tomorrow someone will keep the PM over non-payment of loans’: Pakistani lawmaker takes a dig at Imran Khan

The Pakistan lawmaker asserts that the day is not far when the Prime Minister will be detained for non-payment of loans.

Kerala: Police registers 32 cases against 44 men for molesting a 17-year-old girl for over five years

Kerala police registered 32 cases against 44 men for molesting and raping the 17-year-old girl over five years.

Uttar Pradesh: Yogi Aditynath govt takes back Azam Khan’s Jauhar University land

Some conditions were set at the time of the sale of this particular land, which the Jauhar University trust has flouted.

Woman accused of stealing Nancy Pelosi’s laptop during Capitol Hill Riots arrested, suspected of trying to sell it to Russians: Details

The woman, identified as one Riley June Williams, was arrested on Monday from the Middle District of Pennsylvania.

‘Comedian’ uses Kashmiri Pandit genocide to peddle propaganda about Munawar Faruqui

Samay Raina posted a tweet trivialising the horrors faced by exiled Kashmiri Pandits to oppose incarceration of Munawar Faruqui

West Bengal CM Mamata Banerjee says she will ‘send people to disturb BJP meetings’: Here is what happened

Mamata Banerjee claimed that Bharatiya Janata Party (BJP) is sending its workers to Trinamool Congress's (TMC) meeting

Padma Shri awardee UK MP moves motion to commemorate 31st anniversary of the genocide of Kashmiri Pandits

Conservative MP Bob Blackman tabled a motion in the UK Parliament, commemorating the 31st anniversary of the genocide of Kashmiri Pandits in the Valley.

Food subsidy at Parliament canteen has been completely removed: Lok Sabha Speaker Om Birla

Last year too, the Members of Parliament, by a consensus, had decided to do away with food subsidy at Parliament canteen

Rahul Gandhi lies to claim PM Modi has no geopolitical understanding, Surjewala declares himself Joe Biden

Rahul Gandhi lied that PM Modi had endorsed Donald Trump's candidature for the 2020 US presidential elections

Connect with us

245,563FansLike
496,912FollowersFollow
22,800SubscribersSubscribe