oppn parties Recalling The 2018 Order On Scheduled Caste Act: Supreme Court Makes Amends

News Snippets

  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
oppn parties
Recalling The 2018 Order On Scheduled Caste Act: Supreme Court Makes Amends

By Sunil Garodia

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

Humans make mistakes. It is not criminal to make mistakes. But it is definitely criminal not to make amends once one discovers one has made a mistake. Hence, the Supreme Court’s decision to recall its 2018 order that diluted the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 must be lauded. Calling the March 20, 2018 judgment "against the spirit of the Constitution", a three-judge has made amends by recalling it. In 2018, a two-judge bench had disallowed the arrest of public servants and private persons without prior permission in cases filed under the SC/ST Act and ordered that a preliminary inquiry was must before registering an FIR in such cases. The present bench said that the earlier bench had gone beyond its remit in framing the guidelines for the execution of the Act. It also considered the same to be an encroachment on what was essentially the work of the legislature.

The 2018 order had stipulated three guidelines for executing provisions of the Act. It had ruled that the restriction on granting anticipatory bail under Section 18 of the SC/ST Act should not that the courts cannot grant advance bail; that a person can be arrested only if the "appointing authority" (in the case of a public servant) or the SP (in the case of others) grants permission for such arrest; and that there a preliminary inquiry should be conducted into all complaints before making an arrest. This was considered a huge dilution of the provisions of the Act and an effort by the court to "make" law. Critics said that the court had failed to see the intention of the legislature behind keeping the provisions in the Act. The court, however, refused to stay its own order. There were widespread protests by Dalit bodies. The government then made amendments to the Act that nullified the order of the court and restored the original provisions.

In that sense, the present recall would seem academic. But the sound reasoning the court has displayed in its decision to recall the order makes for interesting legal debate and sets a good precedent. The court has said that it is wrong to assume that Dalits as a class are people given to lodge false complaints. It pointed out that if safeguards were to be provided on the assumption that Dalits lodge false complaints, it would amount to another form of discrimination against them. It has also said that the stringent provisions in the Act were due to social realities which were considered by the legislature while framing the provisions and the courts were there just to interpret them, not to change, modify or nullify them unless they were against the Constitution. Hence, the court has puts things in perspective by stating that the power of the legislature to make laws is supreme and the courts can only interpret them and examine their validity as per the Constitution but cannot pass an order that impinges on other laws or supplants them altogether.