Ninth Schedule Verdict
Supreme court has give a landmark verdict in the Nith Schedule case.
In an unanimous verdict, a nine-judge Constitution Bench headed by Chief Justice Y K Sabharwal held that legislations did not get protection of the Ninth Schedule, if they were violative of the basic structure of the Constitution.
Laws placed under Ninth Schedule after April 24, 1973 shall be open to challenge in court if they violated fundamental rights guaranteed under Article 14, 19, 20 and 21 of the Constitution, the bench said.
If laws put in the Ninth Schedule abridge or abrogate fundamental rights resulting into violation of the basic structure of the Constitution, such laws have to be invalidated, it said.
This judgement will have a big impact on the creamy layer issue and other policies made by the government with disregard to the constitution. Prior to this, the govt. could get away with such laws by simple putting it in the ninth schedule. Not any more. And the good thing is, it is covers all laws placed in the ninth schedule after April 24, 1973 (Keshavananda Bharati v the State of Kerala).
Some feel that it make Supreme court the sole arbiter of “what violates the basic structure of the constitution”. I think Supreme Court always played that role.
Link via realitycheck who writes about it here.
Confused has his take here.
January 12, 2007
Posted in: Ninth Schedule, Supreme Court
6 Responses
Its like opening can of WORMS. It will have cleansing effect but there will worms everywhere. This is extreme judicial activism. I think its like one arm of counrty is trying to take control as none is supreme per Indian constitution.
The way constitution is designed that role of SC was always designed for interpreting constitution but I think its taking it too far.
Had our politics be clean I would be defending legislature … but for now…. I am with the judiciary.
That is not to say that I think it should be this way.
I am surprised. I visited after like 15 days. Still no blogger has any comments. Wonder why is that…In my view its one of the most defining moments in Indian Polity !!!
It indeed is. I guess other bloggers have blogged about it as well.
BTW, I haven’t really been actively blogging in the past few weeks. I guess that could be another reason.
Sir,
I want to know how many schedule classes inindian constituition are there totally wheter 11, 12 ,13 or 14
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