On Thursday, The Central Government told the Supreme Court that its last judgment 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.”
Attorney General KK Venugopal In his written proposal read that “through its judgment, 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”.
The Attorney General said in his written submissions: “It is submitted that this judgment has diluted, for the reasons stated, the provisions of the Atrocities Act read with the Code, resulting in great damage to the country, 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,”
The Centre also said that “the confusion created by the apex court verdict may have to be corrected by reviewing the judgment 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.