SC declines to hear TN government on reservations

New Delhi, Nov 2 (UNI) The Supreme Court today refused to hear counsel for the state of Tamil Nadu Ram Jethmalani on reservations and described the laws enacted by the state providing 69 per cent reservations as a fraud on the Constitution.

The nine-judge bench headed by Chief Justice Y K Sabharwal told Mr Jethmalani they will not hear Tamil Nadu as it has committed a fraud on the Constitution by providing reservations of up to 69 per cent in blatant violation of the rulings of the apex court fixing an upper limit of 50 per cent for reservations and by putting the reservation laws in ninth schedule to avoid judicial scrutiny.

Mr Jethmalani requested the court to make it clear that this issue will be decided not by this bench but some other bench hereafter.

He was, however, allowed to address the court on the validity of Article 31 B.

He said, during arguments, the collective wisdom of two-third majority of the members of both Houses of Parliament elected by the people and that of the President, should not be overturned by say five, seven or nine judges who had not gone through the democratic process, as the ultimate power is vested in the people of this country and requested the court to give a unanimous verdict on the issue.

The Chief Justice, responding to the contention of Mr Jethmalani, said that this court was duty bound to protect and safeguard the basic structure of the Constitution as it is supreme.

He also contended that that it was significant that no serious public mischief of any kind has been pleaded or proved by the existing state of law which is sought to be reversed by this court.

Mr Jethmalani went on to tell the apex court that what was betrayal of the basic feature is not a mere violation of Article 14 but a shocking, unscrupulous travesty of the essence of equal justice.

Other judges on the bench are Justices Ashok Bhan, Arijit Pasayat, B P Singh, S H Kapadia, C K Thakker, P K Balasubramanyan, Altamas Kabir and D K Jain.

Mr Jethmalani also asserted the politicians were at such a low level of acceptance that the people fell back on this court.

The Chief Justice also made it clear that unanimity among judges while delivering a judgment has its own limitation.

The arguments are to conclude tomorrow.

UNI AKS/SC PA VV1934