01-11-2007, 04:53 PM
So when is the first challenge coming????
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->No immunity for laws under Ninth Schedule: SCÂ
PTI | New Delhi
In a landmark judgment with far reaching implications, the Supreme Court today ruled that any law placed under the Constitution's Ninth Schedule after April 24, 1973 providing immunity from legal challenges are subject to scrutiny of courts if they violated fundamental rights.
In a unanimous verdict, a nine-member Constitution Bench headed by Chief Justice YK Sabharwal rejected Government's claim that certain laws even if they infringed the fundamental rights of citizens cannot be subjected to judicial review, if the legislations were placed under the Ninth Schedule.
The judgement, which came a day after apex court ruled that Parliament's decisions were subject to judicial review, assumes significance in the wake of laws like the one in Tamil Nadu which provides 69 percent reservations and has placed it under the Ninth Schedule to circumvent judicial review.
The apex court had earlier held that social reservations should under no circumstances exceed the permissible limit of 50 per cent. To overcome the ruling, the then Jayalalithaa government placed the law under the Schedule.
Several other states had come out with their own laws on land reforms, land ceilings and other local legislations purportedly infringing upon the fundamental rights and had put them under the Ninth Schedule to avoid judicial scrutiny.
<!--QuoteEnd--><!--QuoteEEnd-->
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->No immunity for laws under Ninth Schedule: SCÂ
PTI | New Delhi
In a landmark judgment with far reaching implications, the Supreme Court today ruled that any law placed under the Constitution's Ninth Schedule after April 24, 1973 providing immunity from legal challenges are subject to scrutiny of courts if they violated fundamental rights.
In a unanimous verdict, a nine-member Constitution Bench headed by Chief Justice YK Sabharwal rejected Government's claim that certain laws even if they infringed the fundamental rights of citizens cannot be subjected to judicial review, if the legislations were placed under the Ninth Schedule.
The judgement, which came a day after apex court ruled that Parliament's decisions were subject to judicial review, assumes significance in the wake of laws like the one in Tamil Nadu which provides 69 percent reservations and has placed it under the Ninth Schedule to circumvent judicial review.
The apex court had earlier held that social reservations should under no circumstances exceed the permissible limit of 50 per cent. To overcome the ruling, the then Jayalalithaa government placed the law under the Schedule.
Several other states had come out with their own laws on land reforms, land ceilings and other local legislations purportedly infringing upon the fundamental rights and had put them under the Ninth Schedule to avoid judicial scrutiny.
<!--QuoteEnd--><!--QuoteEEnd-->