Wonder How Far Within Bounds Is Apex Court: lawmaker

New Delhi, Jan 12 (UNI) An Indian lawmaker said today his first impression of the Supreme Court judgement on ninth schedule laws made him wonder how far it is within the bounds set by the Constitution.

''That is my first impression,'' Dr E M Sudarsana Natchiappan, head of a Parliamentary panel on law and justice, said, adding that ''I must see the Judgement before taking a considered view.'' In the judgement yesterday, all nine judges were one that fundamental rights listed in part III of the Constitution form an integral part of its basic structure and any violation of these rights was subject to judicial review.

''Any law put in the ninth schedule of the Constitution after April 24, 1973 does not enjoy absolute immunity against judicial review,'' the Court reportedly held.

The ninth schedule devised by the Jawaharlal Nehru government was written into the Constitution in 1951 to place laws-- such as land reforms-- that ought to be beyond judicial review.

Over the years it has shielded laws on essential commodities, education or job reservations or nationalisation. The government defends the measure in public interest.

Critics cite a danger of enactments that undermine the fundamental rights of citizens and escape judicial review through the ninth Schedule, which now covers 280-plus laws.

''A situation may come that whenever any law is struck down, immediately it will be given life by putting it in the Ninth Schedule,'' was how an advocate of judicial review put it.

Commenting on the nine-Judge Constitution Bench judgement, the Chairman of the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, noted that ''the Constitution is supreme.'' Natchiappan pointed out that the Constitution conferred powers upon Parliament, the Executive and the Judiciary to maintain their respective independence instead of trespassing into one another's territory.

Interviewed over the telephone, he said if there is violation of the Constitution by Parliament, the judiciary has the right to check it. Likewise, if the Judiciary violates the Constitution, then it stands to be checked.

''That is how checks and balances in our system are supposed to function-- for the protection of the citizen,'' he said.

''But allowing judicial review of all legislative actions may bring us to a point where that task becomes impossible.'' The Bench led by Chief Justice Y K Sabharwal comprised Justices Ashok Bhan, Arijit Pasayat, B P Singh, S H Kapadia, C K Thakker, P K Balasubramanyan, Altamas Kabir and D K Jain.

UNI