DMK leader M.K. Stalin bats for adding SC/ST Act to 9th Schedule of Constitution

Apr 16, 2018, 17:07 IST | Mid-day online desk

In remarks that came days after Union Minister Ram Vilas Paswan mooted a similar proposal, DMK Working President MK Stalin said the 'dilution' of the legislation by the Supreme court has caused anguish to the oppressed

MK Stalin

MK Stalin

After the recent furor over the Supreme Court's order 'diluting' some of the provisions of the Sc/SC (Prevention of Atrocities) Act, the Dravida Munnetra Kazhagam leader on Monday said that the Centre should take steps to include the Act under the Ninth Schedule of the Constitution, which is beyond judicial review.

In remarks that came days after Union Minister Ram Vilas Paswan mooted a similar proposal, DMK Working President MK Stalin said the 'dilution' of the legislation by the Supreme court has caused anguish to the oppressed.

Though the laws placed in the Ninth Schedule of the Constitution cannot be challenged in court, the Supreme Court had held years ago that judicial review was a basic feature of the Constitution. The apex court had said that even laws under the Ninth Schedule would be open to scrutiny if they violated fundamental rights or the basic structure of the Constitution.

A Tamil Nadu law that provides 69 percent of reservation in the state is among the legislation that is covered under the Ninth Schedule of the Constitution. Addressing a DMK-led protest demonstration of opposition parties here seeking reversal of the apex court order, Stalin said, "the Centre must file a review petition against the Supreme Court diluting the SC/ST Act or include that Act in the  Constitution's Ninth Schedule and create a good ambiance."

He also warned that if this was not done by the Centre, agitations would continue. The DMK leader said that immediately after the Supreme Court's verdict on the issue, the Centre should have a filed a review petition.

The "biggest achievement," of the Narendra Modi regime at the Centre was protested demonstrations every day across the country over several issues, he alleged. In its March 20 judgement, the Supreme Court had diluted the SC/ST Act's stringent provisions mandating immediate arrest.

The top court had observed that on "several occasions," innocent citizens were being termed as accused and public servants deterred from performing their duties, which was never the intention of the legislature while enacting that Act.

The apex court had directed a preliminary enquiry by a DSP rank officer to find out whether the allegations make out a case under the SC/ST (Prevention of Atrocities) Act and whether they were not frivolous or motivated.

While the Centre filed a petition seeking review of the judgement, massive protests and violence were witnessed on April 2 on the issue.

On April 12, the Centre submitted to the Supreme Court that its verdict was causing disharmony and damage to the country.

Also Read: Stalin: Governor Said All Well With Tamil Nadu Law Varsity Vice Chancellor's Appointment

Edited by mid-day online desk, with inputs from PTI

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