Kerala HC Upholds Constitutional Validity Of Kerala State Commission For SC-STs Act [Read Judgment]

The Kerala High Court has upheld the constitutional validity of Kerala State Commission for the Scheduled Castes and the Scheduled Tribes Act, 2007.

One lawyer, MP Chothy had approached the High Court contending that, as per the State List or the Concurrent List of Schedule V11 of the Constitution of India, the State is not vested with the powers to enact any law on the subject as contained the Kerala State SC/ST Commission Act, 2007 and the rules framed thereunder. The bench comprising the Chief Justice S. Manikumar and Justice Shaji P. Chaly observed:

"We are of the view that the   proceedings before the SC/ST Commission cannot be equated to court proceedings, nor do they partake the character of a trial or inquiry, as envisaged in the Code of Criminal Procedure, 1973, and there is no repugnancy between the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the Kerala State Commission for the Scheduled Castes and the Scheduled Tribes Act, 2007, in the matter of providing TA/DA, to the victims/witnesses, required to be present for investigation, as completed in respect of an offence and trial."

As regards, legislative competence of the State to enact the Act, the bench referred to Article 46 of the Constitution and observed:

A conjoint reading of the above articles of the Constitution of India, makes it clear that the enforcement of any disability arising out of any untouchability shall be an offence punishable in accordance with law. No law giving effect to the policy of the State towards securing all or any of the principles laid down in Part IV shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by Article 14 or 19 and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy...

..Having regard to the Constitutional provisions, we are of the view that it cannot be contended that the State Legislature has no power to legislate. Though, heading of Article 46 of the Constitution of India states   about promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections, it obligates the State that it shall protect them from social injustice and all forms of exploitation.

The lawyer had also sought a reimbursement of travel allowances which he had to incur, in connection with the hearings before the State Scheduled Castes/Scheduled Tribes Commission at  Thiruvananthapuram. The bench observed that neither the Commission nor the State Government, is obligated to create a specific fund for reimbursement of the expenses, incurred by the complainant/witnesses, for their appearance, in relation to inquiry and examination of a complaint by the Commission constituted under Section 3 of the Kerala State Commission for the Scheduled Castes and the Scheduled Tribes Act, 2007, and such fund is required to be created by the State Government, only in the case of investigation or trial. Dismissing his PIL, the bench also rejected his submission that the lower courts do not implement Section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, causing hardship.

Case name: M.P.Chothy vs State Of Kerala

Case no.: WP(C).No.34097 OF 2015(R)

Coram: Chief Justice S. Manikumar and Justice Shaji P. Chaly

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