SC to lay down norms in Ninth Schedule

New Delhi, Oct 23: The country's highest court has decided to lay down parameters within which a law can be included in the ninth Schedule of the Constitution of India to debar the courts from examining its constitutional validity so that the concerned provisions of the Constitution are not misused for 'vote bank politics' and other extraneous considerations.

The ruling on the batch of petitions challenging the powers of the state to include a law in ninth schedule of the Constitution so that the same is not challenged in the court of law is most likely to be pronounced before January 14, 2007 when the chief justice Y K Sabharwal who is heading the nine judge bench , retires.

Earlier, a five judge Constitution bench had referred the matter to a larger bench of nine judges while staying the notifications issued by several stastes like Tamil Nadu, West Bengal, Andhra Pardesh, Gujarat and others making provisions for reservations well beyond the upper limit of 50 per cent fixed by the apex court in Mandal Commission's case in December,1992 and the period for providing reservations in that case was fixed for five years which has already expired.

The states have also tried to put the laws violating the rulings of the apex court in the Ninth Schedule of the Constitution to avoid judicial scrutiny.

The petitioners have prayed to the Supreme Court to fix norms within which a law can be put in Ninth Schedule.

Recent five judge constitution bench ruling of the apex court directing the government to exclude 'creamy layer'from the benefit of reservations for the SC/ST categories who are enjoying 22.5 per cent reservations in jobs as well as in promotions and the apex court's observations that reservations can not be continued indefinitely as the policy of reservation perpetuated casteism in the country instead of eliminating the same have not gone down well with the political parties. These parties are not willing to annoy the beneficiaries of reservation policy by excluding 'creamy layer'.

The Supreme Court in the Indira Sawhney case which is popularly known as Mandal Commission case, has already ruled that 'creamy layer' from among the OBCs are not entitled to the benefits of reservations.

Recently there was move by the government to put even the Delhi Laws (Special Provisions) Act, 2006 which puts a year's moratorium against removal of illegal and unauthorised constructions in Delhi and also suspending sealing operations for a year in violation of the apex court directions, in the Ninth Schedule of the Constitution to avoid judicial scrutiny.

The nine-judge bench will start hearing of the case from October 30, 2006, on the reopening day after Diwali vacations.

The Central Government has however in its counter affidavit has justified its actions on reservation policy in putting some of the laws related to reservation policy in the Ninth Schedule of the Constitution of India.

UNI