SC to pronounce verdict on parameters of 9th schedule this week

New Delhi, Jan 7 (UNI) The Supreme Court will pronounce its verdict this week on the issue of parameters within which a law can be put in the ninth schedule of the Constitution to avoid judicial scrutiny.

A nine-judge Constitution Bench headed by Chief Justice Y K Sabharwal will also decide whether a piece of legislation which violates Fundamental Rights of the citizens can be put in the ninth schedule and whether infringement of Fundamental Rights by the state amounts to damaging the basic structure of the Constitution of India as laid down by a 13-judge Bench in Keshavanand Bharati case.

The court will also take a decision on whether a law struck down by the court as invalid or unconstitutional can be revalidated by a backdoor entry by inserting the same in the ninth schedule of the Constitution of India.

The issue was referred to the nine-judge Bench by a five-judge Constitution Bench while hearing the petition challenging land reform laws and the reservation policies of the government.

The judgement was reserved by the court after a three weeks long argument on the issue.

The judgement is going to be pronounced latest by January 12 as the present Chief Justice, heading the nine-judge Bench, is due to retire on January 14.

The main controversy is whether each and every law can be inserted in the ninth schedule to debar the judicial scrutiny or a law can still be judicially reviewed even if it has been inducted in the ninth schedule and whether Part III(Fundamental Rights} form the part of the basic structure of the Constiution of India.

The court is going to clarify and determine the parameters within which a legislature or the government can exercise its power to use the ninth schedule to take away the powers of the courts to examine the validity of a law.

Till date the law is that the Supreme Court is the final interpreter of the law and its word regarding the validity of the law is final. Until 1973, all land reform laws abolishing Zamindari and land sealing laws were put in the ninth schedule and were never challenged in the court.

UNI