BJP welcomes SC decision that 9th Schedule laws can be reviewed

New Delhi, Jan 11 (UNI) The BJP today welcomed the Supreme Court judgement that laws in the Ninth Schedule of the Constitution do not enjoy ''absolute immunity'' from judicial scrutiny, while the Congress said it will study the verdict before commenting on the issue.

Party spokesman Ravi Shankar Prasad, a former Law Minister and a practising lawyer, described the judgment as 'monumental', which would have sobering restraint on frequent political pressure to include 'vulnerable and patently flawed' laws under the ninth schedule and keep it away from judicial review.

In a landmark judgement, the Supreme Court earlier in the day ruled that laws in the ninth schedule do not enjoy ''absolute immunity'' from judicial review.

Mr Prasad said the BJP respected the ruling which recognised the basic structure doctrine and the recognition of powers of judicial review of the Supreme Court. The judgment will have a sobering and stabilising influence on the polity of the country, he said, referring to the demand for providing for religion-based reservation and put it under ninth schedule to escape judicial review.

The Bench also ruled that the power of making a law and adjudging its contitutional validity cannot be conferred upon a single organ.

Lok Janshakti Party and Union Minister Ram Vilas Paswan said there was no clash between the judiciary and executive and 69 per cent reservation in Tamil Nadu should remain in the ninth schedule as it was not against the basic tenet of the Constitution.

Only in the Mandal Commission case, the apex court had clarified that reservation should not go beyond 50 per cent, he added.

The Congress refrained from commenting on the ruling and AICC General Secretary and Chairperson of the Congress Media Cell Janardan Dwivedi said ''since the matter concerns law, we are studying the judgment.'' ''The Congress has not formulated its view on the judgment,'' Mr Dwivedi told newspersons when asked for party's reaction to the decision.

In Chennai Tamil Nadu Chief Minister and DMK President M Karunanidhi cautiously reacted to the verdict and preferred to wait for the orders of the three-member bench on 69 per cent reservation.

''Let us wait till the orders of the three-member bench,'' he said, when newspersons sought his reaction to the landmark judgment and wanted to know what would happen to Tamil Nadu government's Act providing 69 per cent reservation included in the ninth schedule.

UNI