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Section 23: Power to make rules

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 • Official Statutory Text & Practice Guide

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Competent Court / Tribunal
Act 1989
Section 22 All 23 Sections of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

Legal Commentary & Landmark Judgments: Section 23

Section 23 vests the Central Government with paramount subordinate legislative authority to frame statutory rules carrying out the objectives of the Act, under which the comprehensive Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 were promulgated, subject to mandatory parliamentary oversight.

  • Paramount Subordinate Rule-Making Power (Section 23(1)): Empowers the Central Government, by Official Gazette notification, to make rules for carrying out the purposes of the Act, covering investigation protocols, relief scales, special cells, and monitoring bodies.
  • The SC/ST (Prevention of Atrocities) Rules, 1995 & 2016 Amendments: Rules framed under Section 23 possess full statutory force. Crucial rules include: Rule 7 (investigation by DSP within 60 days); Rule 8 (State-level SC/ST Protection Cell under DGP); Rule 11 & 12 (mandatory traveling allowances, immediate cash relief, and rehabilitation schedules in Annexure I); Rule 16 & 17 (quarterly meetings of State/District Vigilance Committees).
  • Mandatory Parliamentary Scrutiny & Laying Procedure (Section 23(2)): Mandates that every rule framed under Section 23 must be laid before each House of Parliament while in session for a total period of 30 days, ensuring democratic legislative scrutiny and retaining Parliament's power to modify or annul subordinate legislation.
Key Landmark Precedents:
  • Union of India v. State of Maharashtra (2020) 4 SCC 761: The three-judge Supreme Court bench held that the SC/ST Prevention of Atrocities Rules, 1995, framed under Section 23, have statutory force and constitute an organic extension of the parent Act, mandating strict compliance with investigatory timelines and victim compensation.
  • State of M.P. v. Chunnilal @ Chunna (2009) 12 SCC 649: The Supreme Court held that Rule 7 framed under Section 23 is statutory and mandatory. Investigating officers cannot circumvent the statutory DSP rank requirement unless a valid notification under Section 9 has been published.
  • D.K. Basu v. State of West Bengal (1997) 1 SCC 416: Affirmed that statutory rules governing arrest, investigation safeguards, and custodial protocols must be rigorously adhered to by law enforcement agencies, and violations expose officers to disciplinary and contempt proceedings.
Courtroom Practice & Strategic Litigation Guidance:

Defense and prosecution counsel must master the SC/ST Rules, 1995. In defense, invoke Rule 7 to challenge any charge sheet investigated by a Sub-Inspector or Inspector without a Section 9 notification, and raise Rule 7(2)'s 60-day investigation deadline in bail arguments. For victim advocacy, invoke Rule 12(4) to compel the District Administration to disburse the statutory relief amount directly to the victim's bank account within 7 days of the FIR without waiting for trial conclusions.

Section 22 All 23 Sections of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989