Agencies Posted online: Thursday, January 11, 2007 at 1124 hours IST Updated: Friday, January 12, 2007 at 0944 hours IST
New Delhi, January 11: In a significant ruling, the Supreme Court on Thursday said the laws included in the Ninth Schedule of the Constitution after April 24, 1973 were open to judicial review.
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.
The verdict is expected to have far-reaching implications on various issues, including the reservation policy of the Centre and the various State Governments.
The Bench had on November 3 reserved its verdict after hearing the arguments of the Government, constitutional experts on a PIL challenging the actions of Government to make laws beyond the review powers of the courts.
The Ninth Schedule, till now, gave powers to the Parliament to put laws into it that the court could not scrutinise or overturn.
SC’s verdict is seen as an important ruling as the case has already seen a big confrontation between the Supreme Court and Parliament.
Parliament, henceforth, would not be allowed to insert laws struck down or declared invalid or unconstitutional by the apex court in the Ninth Schedule.
The Ninth Schedule was created by an amendment in 1951 by former Prime Minister Jawaharlal Nehru to push land reforms.
Initially, there were only 13 laws in the Ninth Schedule, but now there are around 284 laws in it, including the controversial 69 per cent reservation law of Tamil Nadu, which violates the apex court's 50 per cent ceiling on quotas.
New Delhi, January 11: In a significant ruling, the Supreme Court on Thursday said the laws included in the Ninth Schedule of the Constitution after April 24, 1973 were open to judicial review.
