LJP for review of SC judgement on 9th schedule
New Delhi, Jan 13: The Lok Janshakti Party has demanded the reviewof the Supreme Court judgement stating that laws placed under NinthSchedule 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 theSupreme Court thoroughly studied. The judgement should be reviewed by a13-member Bench of the Supreme Court headed by the Chief Justice ofIndia to protect the benefits given to the poor, weaker sections,dalits and adivasis through various acts included in the NinthSchedule,''LJP National General Secretary S N Singh said in a statmenthere.
Asserting that the judgement, if implemented, will have negativerepercussions on the social fabric of the country, Mr Singh said thatif necessary the government bring a constitutional amendment for thepurpose.
LJP President and Union Minister Ram Vilas Paswan said Parliamenthas been vested with powers to amend the constitution to protect theinterests of the SCs, STs and OBCs. The inclusion in the Ninth Scheduleof the Tamil Nadu Act providing for 69 per cent reservation for SC/STand OBCs is an example of the concern of the state legislature toensure that benefit of the reservation is implemented on the groundwithout being mired into litigation.
He said the UPA government is also bringing a bill codifying alladministrative instructions relating to reservation of SCs/STs and thebill is pending before Parliament at present. The question of creamylayer among SCs/STs is another issue. Similarly, the reservation forthe socially and educationally backward communities, including Muslims,may also be legislated in future.
''If Parliament's right to insulate such laws from theintervention of the Courts is not respected then the weaker sections ofthe society will not be able to get a fair and just treatment as thesocially dominant individuals or groups will try to deny the benefitsto the weaker section through lengthy litigation defeating the verypurpose of including such laws in the Ninth Schedule,'' he added.