Section 23 SC/ST Act: Power to make rules

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

Section 23 SC/ST Act at a Glance

Section 23 SC/ST Act empowers the Central Government to make rules by Official Gazette notification to carry out the Act. Every rule must be laid before each House of Parliament for 30 days and can be modified or annulled by both Houses.

Section 23 SC/ST Act Bare Act Text

23. Power to make rules.

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 23 SC/ST Act in Simple Words

Section 23 SC/ST Act gives the Central Government the power to make rules under the SC/ST Act and sets the procedure for parliamentary oversight of those rules. Under Section 23(1) SC/ST Act, the Central Government may make rules for carrying out the purposes of the SC/ST Act by publishing a notification in the Official Gazette (the government's official publication for legal notifications). Under Section 21(1) SC/ST Act, for example, State Government implementation measures operate subject to rules made by the Central Government.

Section 23(2) SC/ST Act requires every rule made under the SC/ST Act to be laid before each House of Parliament, as soon as may be after the rule is made, while Parliament is in session, for a total period of 30 days. Those 30 days may fall within 1 session or across 2 or more successive sessions. Before the expiry of the session immediately following the session or successive sessions making up the 30 days, both Houses of Parliament may agree to modify the rule or agree that the rule should not be made, after which the rule takes effect only in the modified form or has no effect.

Section 23(2) SC/ST Act ends with a saving clause for past actions. Even when both Houses of Parliament modify a rule or annul a rule (decide that the rule has no effect), that change operates without prejudice to (meaning without invalidating) anything previously done under that rule.

When Section 23 SC/ST Act Applies

  • Power to make rules: The Central Government may make rules to carry out the purposes of the SC/ST Act by notification in the Official Gazette (Section 23(1) SC/ST Act).
  • Laying before Parliament: Every rule made under the SC/ST Act must be laid, as soon as may be after the rule is made, before each House of Parliament while in session for a total of 30 days, in 1 session or across 2 or more successive sessions (Section 23(2) SC/ST Act).
  • Parliamentary modification or annulment: Both Houses of Parliament may agree to modify the rule or agree that the rule should not be made before the expiry of the session immediately following the session or successive sessions making up the 30 days (Section 23(2) SC/ST Act).
  • Prospective effect of changes: After both Houses agree, the rule has effect only in the modified form or has no effect, without invalidating anything previously done under that rule (Section 23(2) SC/ST Act).

When Section 23 SC/ST Act Does Not Apply

  • A modification or annulment of a rule by both Houses of Parliament under Section 23(2) SC/ST Act does not invalidate anything previously done under that rule.

FAQs on Section 23 SC/ST Act

What is Section 23 SC/ST Act?▼

Section 23 SC/ST Act empowers the Central Government to make rules, by notification in the Official Gazette, for carrying out the purposes of the SC/ST Act. Section 23 SC/ST Act also requires every rule to be laid before each House of Parliament for 30 days and allows both Houses to modify or annul the rule without invalidating prior actions.

Who has the power to make rules under Section 23 SC/ST Act?▼

The Central Government. Under Section 23(1) SC/ST Act, the Central Government may make rules for carrying out the purposes of the SC/ST Act by notification in the Official Gazette.

For how long must a rule made under Section 23 SC/ST Act be laid before Parliament?▼

30 days. Under Section 23(2) SC/ST Act, every rule must be laid before each House of Parliament while in session for a total period of 30 days, which may fall within 1 session or across 2 or more successive sessions.

Can a single House of Parliament modify or annul a rule under Section 23(2) SC/ST Act on its own?▼

No. Section 23(2) SC/ST Act requires both Houses of Parliament to agree on making a modification or to agree that the rule should not be made.

Does parliamentary annulment or modification under Section 23(2) SC/ST Act undo actions already taken under the rule?▼

No. Section 23(2) SC/ST Act expressly states that any modification or annulment operates without prejudice to the validity of anything previously done under that rule.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ·