5. Constitutionality of SC/ST Amendment Act upheld
Case Title: Prathvi Raj Chauhan v. Union of India
In this case, the Supreme Court upheld the constitutionality of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018.
Essentially, Parliament had brought in an amendment to the main legislation to nullify the effect of the Supreme Court’s judgment of March 2018 in Dr. Subhash Kashinath Mahajan v. State of Maharashtra. This judgment had effectively diluted provisions of the Act.
The Constitution Bench which included Justice Saran unanimously upheld the validity of the Amendment Act and had ruled that:
“The fraternity assured by the Preamble is not merely a declaration of a ritual handshake or cordiality between communities that are diverse and have occupied different spaces: it is far more. This idea finds articulation in Article 15. That provision, perhaps even more than Article 14, fleshes out the concept of equality by prohibiting discrimination and discriminatory practices peculiar to Indian society. At the center of this idea, is that all people, regardless of caste backgrounds, should have access to certain amenities, services and goods so necessary for every individual.”
Source: Barandbench
