LJP demands review of SC judgement on 9th schedule

New Delhi, Jan 13 (UNI) The Lok Janshakti Party has demanded the review of the Supreme Court judgement stating that laws placed under Ninth Schedule were open to judicial review and wanted that, if necessary, the government bring a constitutional amendment in this regard.

''The government should get the nine member Bench judgement of the Supreme Court thoroughly studied. The judgement should be reviewed by a 13-member Bench of the Supreme Court headed by the Chief Justice of India to protect the benefits given to the poor, weaker sections, dalits and adivasis through various acts included in the Ninth Schedule,''LJP National General Secretary S N Singh said in a statment here.

Asserting that the judgement, if implemented, will have negative repercussions on the social fabric of the country, Mr Singh said that if necessary the government bring a constitutional amendment for the purpose.

LJP President and Union Minister Ram Vilas Paswan said Parliament has been vested with powers to amend the constitution to protect the interests of the SCs, STs and OBCs. The inclusion in the Ninth Schedule of the Tamil Nadu Act providing for 69 per cent reservation for SC/ST and OBCs is an example of the concern of the state legislature to ensure that benefit of the reservation is implemented on the ground without being mired into litigation.

He said the UPA government is also bringing a bill codifying all administrative instructions relating to reservation of SCs/STs and the bill is pending before Parliament at present. The question of creamy layer among SCs/STs is another issue. Similarly, the reservation for the socially and educationally backward communities, including Muslims, may also be legislated in future.

''If Parliament's right to insulate such laws from the intervention of the Courts is not respected then the weaker sections of the society will not be able to get a fair and just treatment as the socially dominant individuals or groups will try to deny the benefits to the weaker section through lengthy litigation defeating the very purpose of including such laws in the Ninth Schedule,'' he added.

UNI