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Supreme Court's order in the SC-ST Act may be a case of judicial overreach

The duty of a Court is to decide what law is and not what it should be. This judgment however, is a case of the latter

Supreme Court
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Photo: ANI

Pranjal Kishore
In September 2012, the Supreme Court passed detailed guidelines regarding the implementation of the RTI Act. Criteria for selection to the Central Information Commission and the composition of its benches were also evolved by the Court. None of these guidelines were envisaged under the RTI Act. The Centre immediately sought review of the judgment. It contended that these guidelines were legislative in nature. They could not have been passed by a court.

Arguing the Centre’s review petition, the then Attorney General told the judges - “The guidelines maybe desirable. But what is desirable, and what is permissible,