New reservation law is set for judicial scrutiny Sunday, August 28 2005 17:34 Hrs (IST) - World Time -
Bangalore:
The new legislation proposed by the Centre to restore seat quota to Government in unaided professional colleges will also come under judicial scrutiny,former Solicitor General of India Soli Sorabji opined today (Aug 28, 2005).
"Any law that affects the basic structure of the constitution can come under legal scrutiny and the Supreme Court can strike it down", he warned while speaking to reporters on the sidelines of the Natinal Law School of India annual convocation in Bangalore.
Apparently pointing to the debate that has been going on in the country that if the legislation was brought under the ninth schedule of the constitution it would not come under judicial scrutiny, Sorabji disagreed with that view.
"Even if it included in the ninth schedule, it does not mean that it cannot be reviewed by the judiciary", he expressed.
It has to be interpreted whether equality falls under the ambit of basic structure and whether fundamental right issue does not come under the 9th schedule of the
constitution, he said, while answering queries in the light of the Apex Court order striking down government seat quota in private colleges and the controversy, the order has triggered off.
The Centre was preparing to enact legislation on the issue.