SC to examine extent of power of Parliament

New Delhi, Aug 30: The Supreme Court today decided to examine the extent of power of Parliament to include matter and amendments in Schedule IX of the Constitution of India to take these issues out of the power of the court in order to avoid judicial scrutiny.

A bench comprising Chief Justice Y K Sabharwal, Justices C K Thakker and P K Balasubramaniyam referred the batch of petitions to a nine -udge Constitution bench of the Supreme Court.

The court also directed the parties to file their return submissions in the court latest by September 27 and made it clear that those who do not file return arguements would not be given a hearing.

The court directed that the nine-judge bench would hear the petition from October 9-13, this year.

Several laws including the Land Sealing Act and laws on reservation for OBCs and SC/STs have also been placed in Schedule IX by the government to avoid the judicial scrutiny of their action.

The other important issue involved in the petition is whether Parliament is competent enough to make laws and amendments which strike at and damage the basic structure of the Constitution of India.

Tamil Nadu has made provision of 69 per cent reservation in jobs and admissions in educational instutions while the Supreme Court in its judgement in the Mandal Commission Case in 1992 had fixed the upper limit of reservation at 50 per cent. Earlier also, a five judge Constitution bench in its order dated september 14, 1999 had referred a similar petition challnging the Land Reform Act passed by Tamil Nadu and West Bengal to nine judge Constitution bench.

UNI